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HomeMy WebLinkAbout4-15-2025 FORMAL SESSION AGENDA City of ��4G1r11A BEAc�L. °4 �o Virginia Beach"COMMUNITY FOR A LIFETIME U ya ter` S OF DUR NAT`�N'9 City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash" Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com ( 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth' Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 jschulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda April 15, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY MANAGER'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FY 2025-26 RESOURCE MANAGEMENT PLAN (Budget) 1:00 P.M. 1. GENERAL DISTRICT COURT Sandra Menago, Chief Judge 2. HEALTH DEPARTMENT 1:15 P.M. Dr. Caitlin Pedati 3. POLICE DEPARTMENT 1:30 P.M. Chief Paul Neudigate 4. FIRE DEPARTMENT 1:45 P.M. Chief Kenneth Pravetz 5. PUBLIC UTILITIES/ WATER & SEWER CIP 2:00 P.M. Bob Montague, Director 6. LIBRARIES 2:30 P.M. Kimberly Knight, Director 7. PUBLIC WORKS 2:45 P.M. L.J. Hansen, Director 8. HUMAN SERVICES 3:00 P.M. Aileen Smith, Director II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 P.M. III. CITY COUNCIL AGENDA REVIEW 3:30 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:45 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS—April 1, 2025 2. FORMAL SESSION —April 8, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION —Junior League of Norfolk-Virginia Beach Centennial Celebration Jillian Goodwin, President 2. RESOLUTION — Month of the Military Child Armed Services YMCA of Hampton Roads I. PUBLIC COMMENT 1. REFERENDUM — 10-1 Method of Elections for Members of City Council J. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 17th Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project CIP 100001 K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension for up to eighteen (18) months with the Virginia Museum of Contemporary Art re City-owned property at 2200 Parks Avenue 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright (36.17 +/- Acres), the issuance by the City of its contract obligations in the maximum principal amount of$570,224 and TRANSFER funds to purchase U.S. Treasury STRIPS 3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright (53.34 +/- Acres), the issuance by the City of its contract obligations in the maximum principal amount of$709,148 and TRANSFER funds to purchase U.S. Treasury STRIPS 4. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as West Canal at the rear of 2312 Windward Shore Drive re construct and maintain a timber pile aluminum boatlift, timber pier, timber floating pier, an aluminum gangway and a rip rap revetment DISTRICT 8 5. Ordinance to ADOPT the 2025 Housing Choice Voucher Five Year Agency Plan, Annual Agency Plan and Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development (HUD) 6. Ordinance to ESTABLISH Capital Project #100685 "Water Meter Replacement Program"; APPROPRIATE $2-Million from Net Assets in the Water and Sewer Enterprise Fund; and TRANSFER$800,000 within the Water and Sewer Enterprise Fund Regular Reserve to the FY 2024- 25 Public Utilities Operating Budget re offset costs for emergency work 7. Ordinance to APPROPRIATE from the fund balance to the General Fund: $187,000 interest-free loan to Plaza Volunteer Fire Company and Rescue Squad, Inc. and $425,000 interest-free loan to Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re purchase of replacement ambulances 8. Ordinance to TRANSFER$1,283,119 from General Fund Vacancy Savings to the FY2024-25 Public Works Operating Budget re replenish funds in paving budget M. PLANNING 1. JOEL W. & WHITNEY C. JOHNSON for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at a parcel directly south of 2000 & 1992 Gum Bridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. BOULEVARD HOLDINGS, LLC for a Special Exception for Alternative Compliance re temporary commercial parking lot at 409 Virginia Beach Boulevard DISTRICT 5 RECOMMENDATION: APPROVAL 3. PATRICK A. BOWERS/ BOWERS &JONES PROPERTIES, LLC for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit A DISTRICT 5 RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-DENIAL 4. CRAIG & APRIL DEAN / CRAIG DEAN for a Conditional Use Permit re short term rental at 404 21s' Street, Unit C, DISTRICT 6 RECOMMENDATION: APPROVAL 5. CRAIG & APRIL DEAN /STEPHEN SIKSAY for a Conditional Use Permit re short term rental at 2003 Mediterranean Avenue, Units A, B1, & B2 DISTRICT 6 RECOMMENDATION: APPROVAL 6. Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO) re yards RECOMMENDATION: APPROVAL 7. Ordinance to DELETE City Code Section 8-31.1 re fences and walls RECOMMENDATION: APPROVAL N. APPOINTMENTS • AUDIT COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF BUILDING CODE APPEALS • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • HEALTH SERVICES ADVISORY BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH TOWING ADVISORY BOARD • WETLANDS BOARD 0. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 15, 2025. I. CITY MANAGER'S BRIEFINGS -CITY COUNCIL CONFERENCE ROOM- A. FY 2025-26 RESOURCE MANAGEMENT PLAN (Budget) 1:00 P.M. 1. GENERAL DISTRICT COURT Sandra Menago, Chief Judge 2. HEALTH DEPARTMENT 1:15 P.M. Dr. Caitlin Pedati 3. POLICE DEPARTMENT 1:30 P.M. Chief Paul Neudigate 4. FIRE DEPARTMENT 1:45 P.M. Chief Kenneth Pravetz 5. PUBLIC UTILITIES / WATER & SEWER CIP 2:00 P.M. Bob Montague, Director 6. LIBRARIES 2:30 P.M. Kimberly Knight, Director 7. PUBLIC WORKS 2:45 P.M. L.J. Hansen, Director 8. HUMAN SERVICES 3:00 P.M. Aileen Smith, Director II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 P.M. III. CITY COUNCIL AGENDA REVIEW 3:30 P.M. IV. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:45 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS—April 1, 2025 2. FORMAL SESSION —April 8, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION —Junior League of Norfolk-Virginia Beach Centennial Celebration Jillian Goodwin, President 2. RESOLUTION — Month of the Military Child Armed Services YMCA of Hampton Roads tA EA�� 4' Lid y � o r `OF OOq NA1,O1� Vroclamation %*er= `Ihe Junior League of Norfolk4h'rginia Beach(WA")is an organization of women whose mission is to advance women's leadership for meaningful community impact through vofunteeraction,coffa6oration,andtraining;and %*e►tar: 'Founded in 1925, the Junior League of Norfok-'Virginia Beach has demonstrated an unwavering commitment to promoting social uve fare and advancing community deve fop ment in support of the regions most pressing needs such as advocating for health andwelfness andsupporting chifdren andfamilies;and U*erw., 9hroughout its 100 year history, the Junior League of NorfolT-Uiyinaa Beach has formed enduring partnerships with focal organizations,fostered leadership development, and empowered women to be catalysts for positive change in their communities with an average of more than 40,000 volunteer hours annuaQy;and `Whereas: 2lae voluntarism of JL,7V"women shaped the very fa6ric of South 7fampton Wpads and beyond with the establishment of.k6raries supporting wartime efforts passing of the Child'Were Bill in `Virginia Legisfature, the creation of Vnfunteer%ampton Ppads `Virginia Aquarium Touch Tank and`Virginia Zoo Education center fuming, Ifosting f7 Tanefof 4merican Women,Kids in the I(ytchen,and'Efevate 2'Educate initiatives;and WWII— `I&city of'"rginia Beach proudly recognizes the Junior League of Norfolk Virginia Beach's remarkgbfe century of service andiookforwardto its continued positive impact for many years to come. Now,gTrefefoM I,Mert 91t Dyer,Wayor of the City of'Vi'rginea Beach,'t irginra,do hereby proclaim: ,7unwr League of�Norfok Virginia Beach CentenniaCCefekatim Ira` wgirtia Beach and l caffupon alfcitizens to eX,tendcongratufations to the Junior League of Norfolk-'Virginia Beach on the momentous occasion of its 10tFF anniversary.1 eApress my gratitude for the League's outstanding contributions to the community andcommendalfcurrent andpast mem6ersfor their dedication to the values of voluntarism and community service. In"nem 10ierwf,I have hereunto set my handandcaused the OffrciafSeafof the City of`Virginia Beach,4h'rginia,to be affixedthu Eifteenth(Day ofAprif7wo 9housandand4wenty-'Five. 4j96ert 94. Bo66y'QD yr Wayor �1N B1c H ,f o cU m OUR N�T���04 t N R.FSOLIMON WHEREAS.The Month of the Military Child is observed annually in April,serving as a time to honor the sacrifice and resilience of the children of service members who proudly serve in the United States Armed Forces,representing the branches of the Army,Navy,Air Force,Marine Corps, Coast Guard,and Space Force;and WHEREAS:Military children are integral members of military families who endure unique challenges and demonstrate remarkable strength, adaptability,and courage in the face offrequent relocations,deployments,and the demands of military life;and WHEREAS:Virginia Beach,situated within the Hampton Roads region,is home to a significant military community,including active-duty service members,veterans,and their families,with numerous military installations including Naval Air Station Ocean,Joint Expeditionary Base Little Creek-Fort Story,and Naval Station Norfolk making the City and region a proud and essential hub for military personnel and their families;and WHEREAS:The City of Virginia Beach acknowledges the invaluable contributions of military families to the community,recognizing that their dedication to the nation's defense extends beyond the battlefield,positively impacting local schools,businesses,and neighborhoods;and WHEREAS:To celebrate the resilience and unwavering support of military children,Purple Up Day will be observed annually on April 15,1025. where citizens are encouraged to wear purple as a symbol of unity,recognizing all five branches of the military and honoring the children of those who serve;and WHEREAS:Purple Up Day provides an opportunity for the entire community—civilians,educators,business owners,and local leaders—to stand together and recognize the importance of supporting military families,as well as the broader efforts to promote their well-being and recognize their sacrifices;and WHEREAS:The Armed Services YMCA of Hampton Roads plays a critical role in supposing military families,providing programs and services that enhance the lives of military children and their families,offering recreational,educational,and wellness resources to ensure their well-being during times of transition and separation;and WHEREAS.The Armed Services YMCA is one of only 13 across the nation and the only location serving all branches of the military,and its mission supports active-duty military members and their families,with a special focus on junior-enlisted members WHEREAS.The Armed Services YMCA consistently expands their programs and services and achieves expert status as evidenced by achieving national accreditation,Purple Star School status,recognition as a United Way Mission United"Community Champion"for outstanding work within the military community;and NOW,THEREFORE,BE IT RESOLVED:That the City of Nrginia Beach does hereby recognize the month of April as the Month of the Military Child,encouraging all citizens to take time to recognize and celebrate the extraordinary military children in our community,who demonstrate courage,strength,and resilience as they support their parents'service to the nation;and BE IT FURTHER RESOLVED:That the City of Virginia Beach encourages all citizens to participate in Purple Up Day on April 15,2025,to wear purple and demonstrate their solidarity with military children and their families,recognizing the vital role they play in the strength and success of the United States Armed Forces;and BE IT FURTHER RESOLVED:That the City of Virginia Beach expresses its sincere gratitude to military families,their children;and all service members for their commitment to the country,ensuring that their sacrifices are recognized and celebrated not only in the month of April but throughout the year;and BE rT FURTHER RESOLVED:That a copy of this resolution be presented to the Armed Services YMCA of Hampton Roads,honoring their contributions and reaffirming the City's steadfast support for the military community. Given by the Council of the City of Virginia Beach, Virginia the 15'day of April 2025 andpresent this Resolution duly signed by each Member of the Virginia Beach City Council C it Member Michael F.Berlucchi Crffl-67, ember Stacy a ings Council Member Bar Barbara M Ly r Council Member 1 vid Hutcheson Council�ember C "Cash".(a -con-Green Council Member Robert W."Worth"Remick �- Imo_ ''�- d — L4.4- Council Member Dr.Amelia Ross-Hammond Court Member Jennifer V.Rouse Council Member Joashua F.Schulman Vice Mayor sentary Wilson Mayor Robert• obb ' r I. PUBLIC COMMENT 1. REFERENDUM — 10-1 Method of Elections for Members of City Council CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 4, 2025, on the Question of Whether the General Assembly Should Amend the City Charter to Reflect a 10-1 Method of Elections for Members of the City Council PUBLIC COMMENT DATE: April 15, 2025 MEETING DATE: May 6, 2025 ■ Background: The current City Charter provides for the election of seven members of the City Council from residence districts, three members from the City at- large, and the mayor elected at-large. Under this system, all members of the city council were elected by the voters at-large (city-wide). A general law change that occurred in 2021 changed the residence districts to single member districts where the voters of each district would elect a single council member to represent their district (the "modified 7-3-1 System"), plus the three at-large members and the mayor. A federal court found that the all at-large voting system set forth in the charter violated the voting rights of a coalition of minority voters and in 2021 entered an order imposing a voting system in which the city was divided into ten single member election districts with only the mayor elected at-large (the "10-1 System"). The federal court order imposing the 10-1 System was later vacated as moot because of the 2021 general law change; but only after the qualification of candidates for the November 2022 election had already occurred such that it was necessary to conduct the 2022 city council election utilizing the 10-1 System. Following a public outreach and education campaign and citizen survey conducted by the University of Virginia Weldon Center, the City Council adopted a redistricting ordinance on August 15, 2023, that retained the 10-1 System. The City held elections in 2024 using the 10-1 System. The redistricting ordinance has been challenged in state court and the City has been threatened with litigation in federal court should the City undertake a system other than the 10-1 System. The Virginia Code allows for the holding of an election to determine if the voters desire the General Assembly amend a local charter. The next general election is November 4, 2025. Referendum Page 2 of 2 ■ Considerations: The attached resolution seeks to have the following question on the November ballot: Should the method of city council elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system? A "yes" vote means that you support the 10-1 system, which was used in the 2022 and 2024 city council elections. In the 10- 1 system, the city is divided into 10 districts and the voters of each district elect a single council member with the mayor elected at-large (city-wide). A "no" vote means you support the 7-3-1 system described in the current city charter as modified by a general law change that occurred in 2021. In the modified 7-3-1 system, the city is divided into 7 districts and the voters of each district elect a single council member, with three other council members and the mayor elected at-large (city-wide). Yes No If the court orders the proposed referendum, the question would appear on the November ballot. If the question is answered in the affirmative, the legislative request is transmitted to the Virginia Beach General Assembly delegation. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Resolution presented after direction by a majority of the City Council. 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 4, 2025, ON THE QUESTION OF WHETHER 4 THE GENERAL ASSEMBLY SHOULD AMEND THE CITY 5 CHARTER TO REFLECT A 10-1 METHOD OF ELECTIONS 6 FOR MEMBERS OF THE CITY COUNCIL 7 8 WHEREAS, the current City Charter provides for the election of seven members 9 of the City Council from residence districts, three members from the City at-large, and the 10 mayor elected at-large. Under this system, all members of the city council were elected 11 by the voters at-large (city-wide); 12 13 WHEREAS, a general law change that occurred in 2021 changed the residence 14 districts to single member districts where the voters of each district would elect a single 15 council member to represent their district (the "modified 7-3-1 System"), plus the three at- 16 large members and the mayor; 17 18 WHEREAS, a federal court found that the all at-large voting system set forth in the 19 charter violated the voting rights of a coalition of minority voters and in 2021 entered an 20 order imposing a voting system in which the city was divided into ten single member 21 election districts with only the mayor elected at-large (the "10-1 System"); 22 23 WHEREAS, the federal court order imposing the 10-1 System was later vacated 24 as moot because of the 2021 general law change; but only after the qualification of 25 candidates for the November 2022 election had already occurred such that it was 26 necessary to conduct the 2022 city council election utilizing the 10-1 System; 27 28 WHEREAS, following a public outreach and education campaign and citizen 29 survey conducted by the University of Virginia Weldon Center, the City Council adopted 30 a redistricting ordinance on August 15, 2023, that retained the 10-1 System; 31 32 WHEREAS, the City held elections in 2024 using the 10-1 System; 33 34 WHEREAS, the redistricting ordinance has been challenged in state court and the 35 City has been threatened with litigation in federal court should the City undertake a system 36 other than the 10-1 System; 37 38 WHEREAS, the Virginia Code allows for the holding of an election to determine if 39 the voters desire the General Assembly amend a local charter; 40 41 WHEREAS, the City Council desires for the voters of the City to provide input on 42 the future election system of the City through a referendum; 43 44 WHEREAS, the next general election is November 4, 2025; 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 1. That, pursuant to § 15.2-201 of the Virginia Code, the Circuit Court of the 50 City of Virginia Beach is hereby requested to order an election to be conducted in 51 accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on November 4, 52 2025 to take the sense of the qualified voters of the City on the question of whether the 53 City Charter should be amended to authorize the 10-1 System. 54 55 2. That the question to appear on the ballot shall read as follows: 56 57 Should the method of city council elections set forth in the 58 Virginia Beach City Charter be changed from a modified 7-3-1 59 system to a 10-1 system? 60 61 A "yes" vote means that you support the 10-1 system, which was 62 used in the 2022 and 2024 city council elections. In the 10-1 63 system, the city is divided into 10 districts and the voters of each 64 district elect a single council member with the mayor elected at- 65 large (city-wide). 66 67 A "no" vote means you support the 7-3-1 system described in the 68 current city charter as modified by a general law change that 69 occurred in 2021. In the modified 7-3-1 system, the city is divided 70 into 7 districts and the voters of each district elect a single 71 council member, with three other council members and the 72 mayor elected at-large (city-wide). 73 74 Yes 75 76 No 77 78 79 3. That a copy of the proposed ordinance shall be made available for 80 inspection at the City Clerk's Office, on the City's website, and all public libraries and 81 recreation centers within ten days of the passage of this resolution. Furthermore, the City 82 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request. 83 84 4. That the City Attorney is hereby directed to file a certified copy of this 85 resolution, along with an appropriate petition and order, with the Circuit Court of the City 86 of Virginia Beach for such an election to be held on November 4, 2025. 87 2 88 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 89 of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O ice CA16867 R-1 April 2, 2025 3 J. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 17th Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project CIP 100001 (�71-- :l PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, April 15, 2025 at 6:00 p.m., in the City Hall Building (Building#1)at the Municipal Center, Virginia Beach, Virginia, on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the 17" Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 (the "Project"). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303' Hearing impaired, call 711 (Virginia Relay-Telephone Device for the Deaf) Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building#23,2473 North Landing Road,at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 15, 2025. 2. Download WebEx and view the meeting at: htt ns_//v4opv-webex-com/webh ri ster/r209501h70909a� 1ee9b3423d5ff4hf1,1 All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk PILOT-APRIL 6,2025 4 4 s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001, and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted. PUBLIC HEARING DATE: April 15, 2025 MEETING DATE: May 6, 2025 ■ Background: On June 18, 2024, Council adopted Ordinance ORD-3779B (the "2024 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the 17th Street Improvements, Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 (the "Project"), The Project is a roadway improvements project, along 17th Street (Virginia Beach Boulevard) from Cypress Avenue to Pacific Avenue. The Project provides improved function and connectivity for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wider sidewalks, bicycle lanes, traffic signals, curb and gutter, and accessibility upgrades including improved crosswalks and curb ramps along four lanes of traffic. The Project will also provide associated utility improvements, including undergrounding of overhead utilities, new stormwater, sanitary sewer and water infrastructure. This Project first appeared in the FY 2019-20 CIP. A portion of the design for the Project (30%) is funded by CIP 100459 (formerly CIP 9-020), ViBe District Street Infrastructure Improvements. Construction is expected to begin by the end of 2025. The Project funding uses associated debt service, which is anticipated to be paid out of the Tourism Investment Program Fund. Rehabilitation of the 17th Street Corridor is a critical component in the success of the Central Beach Entertainment District development and has been identified as a need in the Resort Area Strategic Action Plan. 17th Street serves as one of several vehicular priority streets providing a direct connection and gateway to the Oceanfront from all points west to local businesses, and this Project will make the corridor more accessible and functional. Since the 2024 Ordinance was adopted, Public Works has made various design changes to the Project along 17th Street including: changes to access (ingress/egress to 17th Street), relocation of public and private utilities, and sizes of property interests and easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The major design features of the Project, as approved in the 2024 Ordinance, have not changed. ■ Public Information: An advertised public hearing will be held on April 15, 2025, and public notice will be provided via the normal Council agenda process. A previous hearing on the Project occurred on June 4, 2024 prior to the adoption of the 2024 Ordinance. ■ Alternatives: Deny the Ordinance and risk delaying the Project ■ Recommendations: Approval. ■ Attachments: Ordinance, Ordinance 3779B and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:f/V 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION IN FEE SIMPLE FOR THE 17tn 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR s CONDEMNATION, REFLECTING AREAS 9 CHANGED SINCE PREVIOUS AUTHORITY 10 WAS GRANTED 11 12 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 13 public necessity exists for the construction of this important roadway project to improve 14 transportation within the City and for other related public purposes for the preservation of 15 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 16 people in the City of Virginia Beach; 17 18 WHEREAS, on June 18, 2024, City Council adopted Ordinance 3779B approving 19 the major design features and authorizing the acquisition of property and easements by 20 agreement or condemnation for the 171h Street Improvements Phase I Pacific Avenue to 21 Cypress Avenue Project, CIP 100001 (the "Project"); 22 23 WHEREAS, due to Project design changes, it is necessary to amend the City 24 Council's authorization to acquire property and easements either by agreement or 25 condemnation to reflect the updates to the plats and plans since Ordinance 3779E was 26 adopted; and 27 28 WHEREAS, the major design features of the Project as previously approved have 29 not changed. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 Section 1. That the City Council authorizes the acquisition by purchase or 35 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seg., and 36 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 37 simple, including temporary and permanent easements and entire tracts upon which such 38 rights of way and easements shall be located within the limitations and conditions of 39 Section 33.2-1007, as amended (the "Property"), as shown on the Project plans entitled 40 17T" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO CYPRESS AVENUE 41 CIP # 100001," and more particularly described on the acquisition plats for the Project 42 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 43 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 44 45 Section 2. That the City Manager is hereby authorized to make or cause to be made 46 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 47 offer to the owners or persons having an interest in said Property. If refused, if the property 48 owners are unable to convey clear title, or if the owners cannot be identified or located, the 49 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings so to condemn to acquire title to the Property. si s2 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 53 , 2025. CA16716 R-1 03/24/2025 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p047\01035126.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM BL C WOR /REAL ESTATE CITY A ORNE ORD - � 3r779B 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION IN FEE SIMPLE FOR THE 17th 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, the 171h Street Improvements Phase I Pacific Avenue to Cypress it Avenue Project, CIP 100001 (the"Project"), is a roadway improvements project to improve 12 transportation, stormwater, public utilities and safety within the City and for other related 13 public purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 17 public necessity exists for the construction of this important roadway project to provide 18 improved functioning and connectivity, including wider sidewalks, bicycle lanes, traffic 19 signals, curb and gutter, and accessibility upgrades including improved crosswalks and 20 curb ramps along four lanes of traffic. The Project will also provide associated utility 21 improvements, including undergrounding of overhead utilities, new stormwater, sanitary 22 sewer, and water infrastructure. 17th Street, which is the eastern end of Virginia Beach 23 Boulevard, serves as one of several vehicular priority streets providing a direct connection 24 and gateway to the Oceanfront from all points west to local businesses,and this Project will 25 make the corridor more accessible and functional for the preservation of the safety, health, 26 peace, good order, comfort and convenience and for the welfare of the people in the City of 27 Virginia Beach. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 Section 1. That the City Council authorizes the acquisition by purchase or 33 condemnation pursuant to Sections 15.2-1901 , et seg., Sections 33.2-1007, et seq., and 34 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 35 simple, including temporary and permanent easements (the "Property"), as shown on the 36 Project plans entitled 171" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO 37 CYPRESS AVENUE CIP NO. 100001,"and more particularly described on the acquisition 38 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 39 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 40 Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in said Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia,on the�-m day of 50 _ �_ , 2024. ?1- CA16281 R-1 5/6/2024 \\vbgov.com\dfsl\applicationslcitylaw\cycom32\wpdocs\d005\p048\00943282.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BL WORK /R AL ESTATE CITY ATTORNEY s�rl.71 SH _ . �A S M1 , i t ► ` ; ' � : ►�! � '_. � �- �� ���� ° �._� �%~�1 i',�'G -� f,:- sir k'rT., T ILE � a r io �,G �,��4i'"" .+'Rr� , 1.. x�1�� 1a•YT+� ���•, J �.� � r-'� �� , r ' ���`� �1. �� �•m^+ , �.. a � # �R ram'' '`a t� i�'R y r , l - SS WF 1\� .. ,1° ,1. `' �,`;�• � - '- �`,���"'�� � . ~ a 1�4 �r i s• � � � `° _ ,W,.......+'. r� sst ADO 5T ��` +r�.��'h��l vd,��>, =� :�; �` �a ",�`�•� � S1 LOCATION MAP 17th STREET IMPROVEMENTS PH 1 Legend ' ' �,' �y ,� ' PACIFIC AVENUE TO CYPRESS AVENUE s� �� ' � ° r�; CIP #100001 Protect Area �5 ,e �; � �► , v +* SDI Feet City Property_ �} °'� �. -y�4TN 0 300 600 Prepared by P.W./Eng./Eng.Support Services Bureau 01/29/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\17th SACIP#100001\CIP#100001 Aerial.mxd 1 M ■ K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension for up to eighteen (18) months with the Virginia Museum of Contemporary Art re City-owned property at 2200 Parks Avenue 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright (36.17 +/-Acres), the issuance by the City of its contract obligations in the maximum principal amount of$570,224 and TRANSFER funds to purchase U.S. Treasury STRIPS 3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Bonney G. Bright (53.34 +/- Acres), the issuance by the City of its contract obligations in the maximum principal amount of$709,148 and TRANSFER funds to purchase U.S. Treasury STRIPS 4. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as West Canal at the rear of 2312 Windward Shore Drive re construct and maintain a timber pile aluminum boatlift, timber pier, timber floating pier, an aluminum gangway and a rip rap revetment DISTRICT 8 5. Ordinance to ADOPT the 2025 Housing Choice Voucher Five Year Agency Plan, Annual Agency Plan and Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development (HUD) 6. Ordinance to ESTABLISH Capital Project #100685 "Water Meter Replacement Program"; APPROPRIATE $2-Million from Net Assets in the Water and Sewer Enterprise Fund; and TRANSFER$800,000 within the Water and Sewer Enterprise Fund Regular Reserve to the FY 2024- 25 Public Utilities Operating Budget re offset costs for emergency work 7. Ordinance to APPROPRIATE from the fund balance to the General Fund: $187,000 interest-free loan to Plaza Volunteer Fire Company and Rescue Squad, Inc. and $425,000 interest-free loan to Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re purchase of replacement ambulances 8. Ordinance to TRANSFER$1,283,119 from General Fund Vacancy Savings to the FY2024-25 Public Works Operating Budget re replenish funds in paving budget fO .NU J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease Extension for up to 18 Months with the Virginia Museum of Contemporary Art for City- owned Property Located at 2200 Parks Avenue PUBLIC HEARING DATE: April 1, 2025 MEETING DATE: April 15, 2025 ■ Background: The City of Virginia Beach (the "City") owns property located at 2200 Parks Avenue (GPIN: 2417-88-0355), consisting of 9.617 acres of land, together with a 38,000 square foot building (collectively, the "Premises"). Since 1986, the City has leased the Premises to the Virginia Museum of Contemporary Art ("MOCK). The current lease (the "Lease") was approved by City Council on July 21, 2020, by Ordinance ORD-3634A, and expires on April 30, 2025. MOCA is in the process of relocating its operations to the campus of Virginia Wesleyan University in Virginia Beach. MOCA anticipates this relocation will be complete within the next 12 months and has requested a short-term extension of its existing lease of the Premises during that time. To ensure ample time for its relocation, the representatives of City staff and MOCA have determined that an 18-month extension of the Lease is appropriate. ■ Considerations: Rent would be one dollar ($1.00) per year. Under the Lease, MOCA is required to remain open to the public at least 120 days and 1000 hours per year. This requirement would be waived at such time as MOCA needs to close to facilitate its relocation. Otherwise, the terms and conditions of the Lease will remain unchanged and are set forth in the Summary of Terms attached to the Ordinance. Should MOCA's relocation be completed prior to the 18-month period, the Lease would be terminated at that time. ■ Public Information: A public hearing was advertised on March 23, 2025 in The Virginian-Pilot. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve Lease extension as presented, change terms of the Lease, or deny extending the Lease. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estat6i� City Manager: $�H) 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE EXTENSION FOR UP TO 18 3 MONTHS WITH THE VIRGINIA MUSEUM OF 4 CONTEMPORARY ART FOR CITY-OWNED PROPERTY 5 LOCATED AT 2200 PARKS AVENUE 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 8 land and a 38,000 square foot building located at 2200 Parks Avenue (GPIN: 2417-88- 9 0355) (collectively, the "Premises"); 10 11 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA") has leased the 12 Premises from the City since 1986 for the operation of its art museum; 13 14 WHEREAS, MOCA desires to extend its lease agreement with the City for the 15 Premises; and 16 17 WHEREAS, the City staff has determined that continuing to lease the Premises 18 to MOCA will benefit the community by providing a cultural experience to both residents 19 and tourists. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager, or his designee, is hereby authorized to execute a lease 25 for up to 18 months between the Virginia Museum of Contemporary Art and the City of 26 Virginia Beach for the Premises, in accordance with the Summary of Terms attached 27 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 28 modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: h P blic Works / Rea Estate City Attorney CA16709 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d023\p048\01027107.docx R-1 March 18, 2025 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Museum of Contemporary Art ("MOCA") PREMISES: Approximately 9.617 acres of City-owned property located at 2200 Parks Avenue (GPIN: 2417-88-0355), which includes a 38,000 square foot facility. TERM: 18 months (May 1, 2025 through October 31, 2026) RENT: One Dollar ($1.00) Per Year RIGHTS AND RESPONSIBILITIES OF THE MOCA: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1 ,000 hours per year, until MOCA closes its operations at the Premises in anticipation of its relocation to the campus of Virginia Wesleyan University. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. I • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: • In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. 2 ~ 8 2407 kr 547 v 2410 n8 55a 840 !`-,.. l 2403 {� 543 /'`-.-.. g35 83 83 LOCATION MAP 5.40 (2200 Parks Avenue / GPIN: 2417-88-0355) 7 ,7 . 828 820 �F1� 9 r 4, , 4 816730 . ` 844 t 819 532 84a-A '`l . "'" � 813 811 530 84G$ K f' 834 709 `J i 838 526 r f ` ` 737 717 715 _ r a , 3 320 r '� l06.• 234YD Sl 512 • ti �, 48', 504-105 710 73 p �� 504-2a2 500.202 m 864 ContenVorary 500.203 8 An Center of Vrigrnia Poo 878 g% 854 8f ACHRD 0 899 4} 1 887 871 Sm .00 - 18 Ln rn - ��■ni Esri. HERE. Garmin. FAO. NOAA. USGS. EPA. NI CITY OF Disclosure VIRGINIA VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications thot pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • APPLICANT INFORMATION Applicant Name: as listed on application Virginia Museum of Contemporary Art (Alison Byrne, Executive Director) Is Applicant also the Owner of the subject property? Yes() Nol& If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO NoG) If yes, name Representative: Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? YesQNo() If yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) See attached sheet. Does the subject property have a proposed or pending purchaser? Yes No if yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() NoQ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, ® Corbin &Company, P.0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor () e Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION1 : APPLICANT DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 G Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services APPLICANT CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Alison Byrne 03/17/2025 Applicant Name (Print) Applicant Kignature Date s "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City Of Virginia Beach Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? Yes N If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noo If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes © No© If yes,name the official or employee, and describe_the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent 0 0 Legal Services PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 fr COMING 5, r.� �Ii► ' :r ' f VIRGINIA MUSEUM OF CONTEMPORARY ART BOARD OF TRUSTEES Bruce Berlin-Chair Jordan Asher Managing Partner,Venture Realty Group Executive Vice President and Chief Physician Executive, Susan Cohen-Vice Chair Sentara Partner,SpringOak Associates Annemijn van der Bijl Nick Lourldas-Treasurer Marketing Director,Audit,KPMG LLP Vice President,Investment Office, Virginia"Ginny"Fogg Wells Fargo Advisors Retired General Counsel,Norfolk Southern Corporation Connie O'Brien-Secretary Matthew Galumbeck Senior Vice President,Marketing&Digital Operations, Retired Plastic Surgeon PRA Group Martha Goode Nicole Naidyhorski-Immediate Past Chair Vice President,Goode Family Foundation Marketing Director,Kaufman&Canoles,P.C. Sue Grube Scott Duncan-At Large President,Rouge Retired Senior Vice President/General Manager, Maria Hillebrandt The Capital Group Companies Founder,Hillebrandt Consulting Jeff Fine-At-Large John Katsias Vice President Runnymede Corporation and President,The Katsias Company Principal,Fresh Shrimp Productions Anne Fleder-At-Large Kirkland Kelley Community Volunteer Retired Partner,Kaufman&Canoles,P.C. Alison Byrne Josi Morey,M.D. Executive Director,VMOCA Chief Executive Officer and Founder of Ad Astra Media LLC Mark Nelson Partner and Co-Founder,Cavanaugh Nelson,PLC Dr.Cassandra Newby-Alexander Endowed Professor of Virginia Black History and Culture, Honorary Trustees Norfolk State University Jane Batten Suzanne Mastracco Meredith Renegar Uschi Butler Valerie Neff Wilcox Savage,Partner William Campbell James Spruance Kim McCoy Webb Barbara Fine Robert Stein Experienced Professional,Artist,Student Barbara Fleming Linda Taylor Laura Wood Co-founder,ViBe Creative District CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Bonney G. Bright (36.17+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $570,224, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: April 1, 2025 MEETING DATE: April 15, 2025 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of two (2) parcels having approximately 36.17 acres outside of marshland and swampland, is owned by Bonney G. Bright. The parcels are located in the 200 block of Princess Anne Road (GPINs: 2317-45-7983 and 2317-45-8069) and are shown on the attached Location Map. Under current development regulations, there is a total development potential of five (5) single- family dwelling building sites, of which zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $570,224. This price is the equivalent of approximately $15,765 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.892% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.892% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. Matching funds through the Virginia Department of Forestry may be available for reimbursement of a portion of this purchase. . The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (March 16, 2025 and March 23, 2025). The Public Hearing will be held on April 1, 2025. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: �W 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM BONNEY G. BRIGHT (36.17+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $570,224,AND 3)TRANSFER 7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $570,224; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance,and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 4.892%per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 6.892% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter of 58 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 59 indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby authorizes the transfer of $179,284 from the 62 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 63 City Manager is empowered to transfer sufficient additional funds or return funds not 64 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 65 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 66 Treasury STRIPS as described in the Installment Purchase Agreement. 67 68 Adoption requires an affirmative vote of a majority of all members of the City Council. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 71 2025. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department B dget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: /ire��rtnr of Finance City Attorney's Office CA16558 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d014\p052\01032161.doc R-1 March 20, 2025 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2025-178 SUMMARY OF TERMS SELLER: Bonney G. Bright PROPERTY: 200 block of Princess Anne Road (GPINs: 2317-45-7983 and 2317-45-8069) PURCHASE PRICE: $570,224 EASEMENT AREA: 36.17 acres,more or less DEVELOPMENT POTENTIAL: Five(5) single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.892%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.892%without approval of City Council. TERMS: Interest only, twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP 200 Block Princess Anne Road a F 4 rFss a ANN[ RD 1 PUBLIC LANprNG R .: m � sjah. Q GPIN: 2317-45-7983 's <: Cc.vA GPIN: 2317-45-8069 tAA �'�`""'. P CITY OF • - V--B, VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION - - • - APPLICANT INFORMATION Applicant Name: / as listed on application Is Applicant also the Owner of the subject pro erty. Yes If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes© No,) If yes, name Representative: Is Applicant a corporation, partnership, firm, business, trust or unincorporated business? YesQNoo* If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes N If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesC) No� If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, ag © Tevvvr cross-collateralization, etc.) ✓V [Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O Architect/Land Planner Construction Contractor © 3'r Engineer/Surveyor/Agent Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. ,P\it A AZ—( I Z' " W"� Applica�tamve (Prin Ap icant NM natuC ate 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 u 4z� i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Bonney G. Bright (53.34+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $709,148, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: April 1, 2025 MEETING DATE: April 15, 2025 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of one (1) parcel having approximately 53.34 acres outside of marshland and swampland, is owned by Bonney G. Bright. The parcels are located in the 300 block of Princess Anne Road (GPIN: 2317- 38-4661) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, of which zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $709,148. This price is the equivalent of approximately $13,295 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.561% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.561% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. Matching funds through the Virginia Department of Forestry may be available for reimbursement of a portion of this purchase. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (March 16, 2025 and March 23, 2025). The Public Hearing will be held on April 1, 2025. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption l/ Submitting Department/Agency: Agriculture Department City Manager:/*P 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM BONNEY G. BRIGHT (53.34+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF$709,148,AND 3)TRANSFER 7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $709,148; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 4.561% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 6.561% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter of 58 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 59 indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby authorizes the transfer of $222,963 from the 62 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 63 City Manager is empowered to transfer sufficient additional funds or return funds not 64 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 65 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 66 Treasury STRIPS as described in the Installment Purchase Agreement. 67 68 Adoption requires an affirmative vote of a majority of all members of the City Council. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 71 , 2025. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ` Agriculture Department B get and Managem n rvi es CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: irector of Finance City Attorney's Office CA16559 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d014\p051\01032145.doc R-1 March 20, 2025 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2025-175 SUMMARY OF TERMS SELLER: Bonney G. Bright PROPERTY: 300 block of Princess Anne Road(GPIN: 2317-38-4661) PURCHASE PRICE: $709,148 EASEMENT AREA: 53.34 acres,more or less DEVELOPMENT POTENTIAL: Three(3) single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.561% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.561%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP 300 Block Princess Anne Road el GPIN: 2317-38-4661 _ `-' - - =- Ail W - 91 N e 't. w Disclosure VIRGINIA VB BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Is Applicant also the Owner of the subject pro erty. Yes If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso No,0 If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesQNoJ0 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes 0 N If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® NwC If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, © cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation o Architect/Designer/Landscape O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services O APPLICANT CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. V I- 'R'-e_ , ,Ur Applicant ame (P in Ap icant S' natur ate 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities, there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as West Canal, located at the rear of 2312 Windward Shore Drive. MEETING DATE: April 15, 2025 ■ Background: Geoff Alfred Fout and Pamela Michelle Fout (collectively, the "Applicant"), request permission to construct and maintain a timber pile aluminum boatlift, a timber pier, timber floating pier, an aluminum gangway and a rip rap revetment (collectively, the "Temporary Encroachment"), into City-owned property known as West Canal, located at the rear of 2312 Windward Shore Drive (GPIN: 1499-98- 9874). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in West Canal, which is where the Applicants are requesting to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approval ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 4vv City Manager: // 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 WEST CANAL, LOCATED AT THE REAR 7 OF 2312 WINDWARD SHORE DRIVE. 8 9 WHEREAS, Geoff A. Fout and Pamela M. Fout(collectively,the"Applicants"), 10 request permission to construct and maintain a 13' x 13' timber boatlift, a variable width 11 timber pier, a 10' x 14' timber floating pier with a 4' x 14' aluminum gangway and 147.3' rip 12 rap revetment (collectively, the "Temporary Encroachment"), into City-owned property 13 known as West Canal, located at the rear of 2312 Windward Shore Drive; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title are authorized to construct and maintain the Temporary 25 Encroachment as shown on the map entitled: "EXHIBIT'A'-ENCROACHMENT REQUEST 26 FOR AN EXISITING BULKHEAD, PIER AND MOORING PILES, AND A PROPOSED 27 TIMBER PILE ALUMINUM BOATLIFT, TIMBER PIER, TIMBER FLOATING PIER, 28 ALUMINUM GANGWAY, AND RIP RAP REVETMENT FOR: GEOFF A. & PAMELA M. 29 FOUT 2312 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 LOT 46, 30 SECTION 1, BAY ISLAND M.B. 45, PG. 37," Scale: 1" = 40', dated August 20, 2024, 31 prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit A 32 and on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 38 been presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicants and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 20_. 50 51 52 CA16594 R-1 Prepared: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DANA R. ARMEYER DEPUTY CITYATTORNEY a FOUT ENCROACHMENT EXHIBIT MMOMIN 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF �c THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S CURVE RADIUS ARC LENGTH I CHORD LENGTH I CHORD BEARING I DELTA ANGLE M.B.45 PG.37 Cl 904.55' 125.0' 1 124.9' 1 N 54`33'56"E 1 7`55'04" WEST CANAL —FLOOD CEBB EXISTING BULKHEAD TO BE REMOVED N 56*07'18'E 147.2'BULKHEAD ENCROACHMENT NOW OR FORMERLY 147.51' A 3( MOORING PILES TO BE REMOVED CITY OF VIRGINIA BEACH MEAN LOW MAN-MADE CANALS IN EX. BULKHEAD WATER 16.7' 12.0' BAY ISLAND 45 P.37 —11 4.4' ��- - - - � EX.BULKHEAD m of of BO (n C cY1 ' r` r:r` r`i C 1 MEAN HIGH WATER I LOT 47 EXISTING PIERS TO BE REMOVED Z I _ NOW OR FORMERLY Ln m v Cj CHRISTOPHER R.MADDEN& ry �' O u, i i C RAYA L.THOMAS 0 Z D :E GPIN:2409-08-0992 . w D O r- I I M INST:202103062103 n N '0 Z T50 I LOT 46 M.B.45,PG.37 o 'o 1 O I NOW OR FORMERLY ull 0 ao m 3 GEOFF A.&PAMELA M. FOUT � . a I 2312 WINDWARD SHORE DRIVE14 I n GPIN: 1499-98-9874 0 2 INST:202303003048 A L T H ��. M.B.45, PG.37 I m p 0 Z ico Ily signed by Sefih Green '1 SEAN E. GREEN I N t�AI;,CNTSea m Lic. No. 0402064005 E- negreend n t1 ails ,G=Sean,SN=Green,C=US lye i Date:2025.01.06 22:02:49-05'0 ,� P(F Fs N� _ �'_ IP EXISTING 248.1'To DWARD SHORE DRIVE CONDITIONS CLIPPER LANE SO'RIGHT-OF-WAY 0 40 80 M.B. 45 P. 37 SCALE: 1"=40' EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PIER AND MOORING PILES, AND A PROPOSED TIMBER PILE ALUMINUM BOATLIFT, TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, AND RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: GEOFF A. & PAMELA M. FOUT STONE GREEN CONSULTING, LLC 2312 WINDWARD SHORE DRIVE,VIRGINIA BEACH,VA 23451 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 46, SECTION 1, BAY ISLAND (330) 883-2117 COA:0407008328 M.B. 45, PG. 37 AUGUST 20, 2024 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 1 OF 2 FOUT ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF F THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S CURVE I RADIUS I ARC LENGTH I CHORD LENGTH I CHORD BEARING I DELTA ANGLE M.B.45 PG.37 C1 1 904.55' 125.0' 124.9' 1 N 54°33'56"E 1 7`55'04" WEST CANAL —FLOG 147.3'RIP RAP BB MEAN LOW t Q WATER -i O ry 71.6'PIER EXTENTS-- m NOW OR FORMERLY N 56°07'18'E �'i �' CITY OF VIRGINIA BEACH 147.51' 14' 1 MAN-MADE CANALS IN EX.BULKHEAD 57.7 1-4 ui m 6 29' 19,01 BAY ISLAND 45 P.37 - b 14' w 42 EX.BULKHEAD u, in 6' PROPOSED TIMBER FLOATING PIER W/ PROPOSED RIP HIGH ALUMINUM GANGWAY Z > Z I RAP REVETMENT MEA WATER �I _ LOT 47 �,, NOW OR FORMERLY L) m Z " 13 V Q CHRISTOPHER R.MADDEN& O v, l PROPOSED TIMBER i C o — PIER&LIFT � RAYA L.THOMAS D Z "' 00 o Z O r o GPIN:2409-08-0992 20 D � 0 LOT 46 I m INST:202103062103 , -0 rn O .4 ❑ NOW OR FORMERLY M.B.45,PG.37 o 90 rn K GEOFF A.&PAMELA M.FOUT - °�° n a I 2312 WINDWARD SHORE DRIVE I C' n GPIN: 1499-98-9874 0 2 ST:202303003048 o rn c ���, T H 0�, B.45,PG.37 i rn co Z) `� I —A�igltally signed by S Green 1 SEAN E. GREEN D I N -%,6nneg e�enncpnsea i .00m IC. No. 0402064005 G=Sean,SN=Green,C=US Date:2025.01.06 22:02:51-05'0 P(F) Fs 81�I, G` C 1_ IP PROPOSED ----248.1'TO W WARD SHORE DRIVE IMPROVEMENTS CLIPPER LANE 50'RIGHT-OF-WAY 0 40 80 M.B. 45 P. 37 SCALE: 1"=40' EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PIER AND MOORING PILES, AND A PROPOSED TIMBER PILE ALUMINUM BOATLIFT, TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, AND RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: GEOFF A. & PAMELA M. FOUT STONE GREEN CONSULTING, LLC 2312 WINDWARD SHORE DRIVE,VIRGINIA BEACH, VA 23451 4014 MEDINA ROAD#1015, AKRON, OH 44333 LOT 46, SECTION 1, BAY ISLAND (330) 883-2117 COA:0407008328 M.B. 45, PG. 37 AUGUST 20, 2024 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of ��l , 20, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEOFF ALFRED FOUT and PAMELA MICHELLE FOUT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "46" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at pages 37, and being further designated, known, and described as 2312 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 13' x 13' timber boatlift, a variable width timber pier, a 10' x 14' timber floating pier with a 4' x 14' aluminum gangway and 147.3' rip rap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY-OWNED PROPERTY KNOWN AS WEST CANAL A/K/A BAY ISLAND) 1499-98-9874 (2312 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into of City-owned property known as West Canal a/k/a Bay Island, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' - ENCROACHMENT REQUEST FOR AN EXISITING BULKHEAD, PIER AND MOORING PILES, AND A PROPOSED TIMBER PILE ALUMINUM BOATLIFT, TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, AND RIP RAP REVETMENT FOR: GEOFF A. & PAMELA M. FOUT 2312 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 LOT 46, SECTION 1, BAY ISLAND M.B. 45, PG. 37," Scale: 1" = 40', dated August 20, 2024, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, GEOFF A. FOUT and PAMELA M. FOUT, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 "t- Geoff . Fout �-Pnry)�Aa Pamela M. Fout STATE OF Vj�" CITY/COUNTY O 1 to-wit: The foregoing instrument was ackn dged befgre me .s _ I Ot day of 2025 by Geoff A. Fout and an ela M. F t. (SEAL) o ry Public11111111� :0 �ONVyF4��9��'� s 3 (9 REGISTRATION NO Notary Registration Number: —1 3 7239193 = My Commission Expires: O k — S I - a oa\ = MY COMM.EXPIRES. 01/31/2029 r,. . PVB�'��`���` APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS / EAL ESTATE R. HARMEYER DEPUTY CITY ATTORNEY 7 FOUT ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. ti 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF �c THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S CURVE RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA ANGLE M.B.45 PG.37 Cl 904.55' 125.0' 124.9' N 54-33'56"E 1 7-55-04" WEST CANAL FLOOD �BB - EXISTING BULKHEAD TO BE REMOVED N 56*07'18"E 147.2' BULKHEAD ENCROACHMENT NOW OR FORMERLY 147.51' A 3) MOORING PILES TO BE REMOVED CITY OF VIRGINIA BEACH MEAN LOW MAN-MADE CANALS IN 16.7' 4.4' BAY ISLAND 45 P.37 EX.BULKHEAD WATER 4.4' EX.BULKHEAD )oo m M I r\ n ^ N I MEAN HIGH WATER I r= LOT 47 EXISTING PIERS TO BE REMOVED > Z I _ NOW OR FORMERLY vZ+ m w I I C) CHRISTOPHER R.MADDEN& N R� O �n I I C RAYA L.THOMAS im oo Z Z �'' o GPIN:2409-08-0992 0 - ` 0 ,- I I INST:202103062103 CD,n -0 Z T I LOT 46 I M.B.45, PG.37 o � O I ❑ NOW OR FORMERLY o m NOW A.& PAMELA M.FOUT CO n I 2312 WINDWARD SHORE DRIVE I 01 n GPIN: 1499-98-9874 0 2 rl INST:202303003048mTH op M.B.45,PG.37 mZ IcoD Ily signed by Green SEAN E. GREEN a, sea Lic. No. 0402064005 I E- negreen tin g ail.c ,G=Sean,SN=Green,C=US Date:2025.01.06 22:02:49-05'OIF IFS �al G��� � ,_ __ IP EXISTING 248.1'TO WARD SHORE DRIVE CONDITIONS CLIPPER LANE 50' RIGHT-OF-WAY 0 40 80 M.B. 45 P. 37 SCALE: 1"=40' EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PIER AND MOORING PILES, AND A PROPOSED TIMBER PILE ALUMINUM BOA TLIFT, TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, AND RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: GEOFF A. & PAMELA M. FOUT STONE GREEN CONSULTING, LLC 2312 WINDWARD SHORE DRIVE,VIRGINIA BEACH,VA 23451 4014 MEDINA ROAD#1015, AKRON, OH 44333 LOT 46,SECTION 1, BAY ISLAND (330) 883-2117 COA: 0407008328 M.B.45, PG. 37 AUGUST 20, 2024 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 1 OF 2 FOUT ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. N 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S CURVE RADIUS I ARC LENGTH CHORD LENGTH I CHORD BEARING I DELTA ANGLE M.B.45 PG.37 C1 904.55' 1 125.0' 124.9' 1 N 54°33W E 7"55'04" WEST CANAL ---FLOO 147.3'RIP RAP — gg MEAN LOW L: fLD WATER Z5 N 56°07'18"E N 71.6'PIER EXTENTS NOW OR FORMERLY a4 147.51' `-' 13 14 CITY OF VIRGINIA BEACH „� �» 016' MAN-MADE CANALS IN EX. BULKHEAD 57.7' 29' '~ - 0 19 0 BAY ISLAND 45 P.37 - 0 14' w 42' � EX. BULKHEAD iw in 6' PROPOSED TIMBER FLOATING PIER W/ PROPOSED RIP MEAN HIGH ALUMINUM GANGWAY Z I RAP REVETMENT WATER I _ LOT 47 �Z„ m w NOW OR FORMERLY C) • Z Q CHRISTOPHER R.MADDEN& Rn O Ln I PROPOSED TIMBER C, o Z Z � f I PIER&LIFT b RAYA L.THOMAS O GPIN:2409-08-0992 Z m O0 LOT 46 rn INST:202103062103 rj-a o ' O I ❑ NOW OR FORMERLY M.B.45, PG. 37 _0 °o rn GEOFF A.&PAMELA M.FOUT I wi — � . ; . I 2312 WINDWARD SHORE DRIVE 01 n GPIN: 1499-98-9874 0 M ST:202303003048 o m a` N T H OF B.45, PG.37 cc rn 60 `"SEAN E. GREEN n ally signed by S Green o• r.NTSean ic. No. 0402064005 negreen ns i .com � G=Sean,SN=Green,C=US Date:2025.01.06 22:02:51-05'0 P(F) Fs s� G` IP PROPOSED 248.1'TO W WARD SHORE DRIVE IMPROVEMENTS CLIPPER LANE 50' RIGHT-OF-WAY 0 40 80 M.B. 45 P. 37 SCALE: 1"=40' EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PIER AND MOORING PILES, AND A PROPOSED TIMBER PILE ALUMINUM BOATLIFT, TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, AND RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: GEOFF A. & PAMELA M. FOUT STONE GREEN CONSULTING, LLC 2312 WINDWARD SHORE DRIVE,VIRGINIA BEACH,VA 23451 4014 MEDINA ROAD#1015, AKRON, OH 44333 (330) 883-2117 COA:0407008328 LOT 46, SECTION 1, BAY ISLAND M.B.45, PG. 37 AUGUST 20, 2024 Q2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 y 1 � h+ 1 A Fout Encroachment Picture Exhibit v View looking , View F looking Fout Encroachment Picture Exhibit ~ wT i � r ti .fi K' a Overhead view. Applicants residence is bottom center. r • Y *f a ra = I s IT *]R a ✓ N • l.' i 'V s LOCATION MAP ENCROACHMENT REQUEST r FOR GEOFF ALFRED FOUT r PAMELA MICHELLE FOUT Legend - o` '�. 9 �5r� 2312 WINDWARD SHORE DRIVE Q _ _ �P GPIN 1499-98-9874 1499 98 9874 �Q 4 ' City Properties Feet 0 50 100 200 N SHORE DR Wy E SITE S OP��P o -o D N n LOCATION MAP ENCROACHMENT REQUEST ' FOR GEOFF ALFRED FOUT PAMELA MICHELLE FOUT Legend ��S'� 2312 WINDWARD SHORE DRIVE 1499-98-9874 y�P GPIN 1499-98-9874 ��O City Properties Feet 0 50 100 200 Drunernri h,r III a\A/=—IP— Q..--CZ—i—airmen 1111 kOMA CITY OF VIRGINIA Disclosure VB- BEACH Statement The disclosures contained in this form ore necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANTSECTION 1: DISCLOSURE APPLICANT INFORMATION ( 7— as list ant Name: Gem f -Fa ty � 1 Fo �/ as listed on application �'" 1 Is Applicant also the Owner of the subject property? YesO No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesE)NoO If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No0 If yes, list the names of ail officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list If necessary.) Does the subject property have a proposed or pending purchaser? Yes U No Q9 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? YesO No • If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O E) Disclosure Statement I rev. M a y-2024 s page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation C E) Architect/Designer/Landscape O O Architect/land Planner Construction Contractor 0 1 G Engineer/Surveyor/Agent © GQp �T �. 7'` /n �► YJ'{ ,q c�f� Legal Services 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name (Print) Applicant Signature r Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act; Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes©Noe• If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary1 or affiliated business entity 2 relationship with the applicant. Attach list if necessa Does the subject property have a proposed or pending purchaser? Yes© Noe If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No0 !f es, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage, deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 e Accounting/TaxReturn Preparation O O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O E) Legal Services 0 4 PROPERTY OWNER CERTIFICATION READ:l certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. cc vr -a Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 44:ti9_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2025 Housing Choice Voucher Five Year Agency Plan, Annual Agency Plan, and Administrative Plan, and to Authorize the City Manager to Execute and Submit Such Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 15, 2025 ■ Background: The City's Department of Housing & Neighborhood Preservation ("DHNP") operates the federally funded Housing Choice Voucher ("HCV") program, formerly known as the Section 8 program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit: (1) A Five Year Agency Plan; (2) An Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program; and (3) An Administrative Plan. ■ Considerations: The purpose of the Five Year Agency Plan is to inform HUD of DHNP's mission, long-range goal, and objectives for achieving its mission over the upcoming five years. The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals set forth in the current Five Year Plan. The Annual Agency Plan describes the organization of the HCV program, details the strategies employed in satisfying affordable rental housing needs in the City, and includes certifications of compliance with applicable laws and HUD rules and regulations. This ordinance also includes the HCV Administrative Plan, which details the policies and procedures that govern the day-to-day operation of the HCV program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The Annual Agency Plan incorporates the provisions of this revised Administrative Plan and provides additional plan elements and certifications that are required annually by HUD. The approved plans must be submitted electronically to HUD no later than April 17, 2025, to be implemented by July 1, 2025. ■ Public Information: DHNP posted the draft plans online at Virg iniaBeach.gov/DraftHCVPlans, and provided a 45-day public comment period, as required by HUD, from February 10, 2025 through March 27, 2025. DHNP staff also held a public hearing on March 27, 2025. Public information will also be provided through the normal Council Agenda process. 0 Recommendations: Adopt the ordinance. ■ Attachments: Ordinance, Executive Summary, HUD Form 50075 (transmittal for Five Year and Annual Plan, including Summary of Progress). Recommended Action: Approval Submitting Department/Agency: Housing & Neighborhood Preservation City Manager:, t 1 AN ORDINANCE TO ADOPT THE 2025 HOUSING CHOICE 2 VOUCHER FIVE YEAR AGENCY PLAN, ANNUAL AGENCY 3 PLAN, AND ADMINISTRATIVE PLAN, AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT SUCH 5 PLANS TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher program ("HCV"), 10 formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) a Five Year Plan; (2) an 14 Annual Agency Plan for each fiscal year in which DHNP receives federal funding for its 15 HCV program; and (3) a revised Administrative Plan, as applicable; 16 17 WHEREAS, the purpose of the Five Year Agency Plan is to provide DHNP's 18 mission, long range direction, and objectives in operating the HCV program; 19 20 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on DHNP's 21 progress in achieving the goals stated in the current Five Year Plan; 22 23 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 24 operational procedures of the HCV program in DHNP; 25 26 WHEREAS, the DHNP is also required by HUD to include a certification in the Five 27 Year Agency and Annual Plan demonstrating DHNP's compliance with applicable laws 28 and HUD rules and regulations in order to continue to operate the HCV program; and 29 30 WHEREAS, executive summaries of the Five Year Agency Plan, Annual, and 31 Administrative Plans are attached hereto as Exhibit A, and a copy of all Plans are on file 32 with the City Clerk. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the DHNP 2025 Housing Choice Voucher Five Year Agency Plan, Annual 38 Agency Plan, and Administrative Plan are hereby approved, provided such plans conform 39 in all material aspects to the executive summaries attached hereto as Exhibit A; and 40 41 That the City Manager or designee is authorized to execute such plans and submit 42 the plans to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: At-, � J Department of Housing & City Attorney Neighborhood Preservation CA16871 R-1 April 2, 2025 EXHIBIT A Executive Summary 2025 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2025 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing & Neighborhood Preservation (DHNP) operates the city's federal Housing Choice Voucher Program (HCV).The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and sometimes in neighboring cities. The U.S. Department of Housing and Urban Development funds the HCV program. To comply with all Federal requirements for this program, the city must establish policies and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary, Purpose,and Status Content Five-Year Agency Provides long-term Developed by staff and Plan guidance for the program proposed for adoption by the Council with this ordinance. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five- the Council with this year plan ordinance Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by the Council with this ordinance Pursuant to 24 CFR 982.54, the VBDHNP must adopt a written administrative plan that establishes local policies for administering the HCV program in accordance with HUD requirements. The City Council must formally adopt the administration plan and make any revisions to it. This is required because Virginia Beach does not have a housing authority and, therefore, no board of commissioners. The administrative plan outlines the VBDHNP's policy on matters for which the VBDHNP has the discretion to establish local policies. The plan must comply with HUD regulations and requirements. The Virginia Beach City Council approved the current administrative plan on April 6, 2021, 1 and subsequently submitted it to the U.S. Department of Housing and Urban Development. The administrative plan is a required attachment for the agency's Five- Year and Annual Agency Plans,which the VBDHNP also submits. Contents of the Plan Federal regulations 24 CFR 982.54 further stipulate that the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit(Chapter 2); • Occupancy polices, including definition of what group of persons may qualify as a "family",definition of when a family is considered to be "continuously assisted" (Chapter 3); • How to determine who remains in the program is a family breaks up(Chapter 3); • Providing information about a family to prospective owners (Chapters 3 and 9); • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list(Chapter 4); • Any special rules for use of available funds when HUD provides targeted funding to the DHNP for special purposes(e.g., Mainstream, IDD), including funding for specified families or specified categories of families (Chapter 4); • Issuing or denying vouchers, including the DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension" means stopping the clock on the term of a family's voucher after the family submits a request for "approval of the tenancy" (Chapter 5); • Subsidy standards (Chapter 5); • The process for establishing and revising voucher payment standards (Chapter 6); • The method of determining reasonable rent to owners (Chapter 8); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 8); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 9); • DHNP screening of applicants for family behavior or suitability for tenancy(Chapter 9); 2 • Restrictions on the number of moves by a participant family(Chapter 10); • Interim re-determinations of family income and composition (Chapter 11); • Standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 12); • Family absence from the dwelling unit(Chapter 12); • Policies concerning debts owed by families to DHNP (Chapter 12); • Encouraging participation by owners of suitable units located outside of areas of low income (Chapter 13); • Disapproval of owners(Chapter 13); • Informal review procedures for applicants (Chapter 14); • Informal hearing procedures for participants (Chapter 14); • Approval by City Council or other authorized officials to establish/change the maximum amount that may be charged against the unrestricted net position (UNP) and administrative fee reserve(Chapter 16); Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually.The plan was developed by staff and contains the following information: • Eligibility,selection, and admissions policies, including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment, substantial deviations,or modifications • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found 3 As mentioned, many of the above requirements are outlined in documents maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to the City Council's adoption of the 2025-26 Agency Plan (HUD Form 50077- ST) and the 5-year PHA Plan (HUD Form 50075-5Y), two other HUD-required certifications must also be approved. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077-ST-HCV-HP, which addresses DHNP's compliance with various program and statutory requirements, including the Fair Housing Act,Title VI,the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations, and other applicable federal laws. The second certification is HUD Form 50077-SL, which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan and has been previously cited. On February 18, 2025, the Annual Plan Update was made available to the public for the required 45-day review period. A public meeting was held on March 27, 2025, to allow citizens to ask questions about the plans. There are no public comments that need to be attached to the plans. The approved Annual Agency Plan, Five-Year Plan, along with the two required certifications, must be electronically submitted to HUD by April 17, 2025, which is 75 days prior to the beginning of our fiscal year on July 1, 2025. Administrative Plan: Staff has developed revisions to the 2025 plan. Due to the Housing Opportunity Through Modernization Act of 2016, signed into law on July 29, 2016,the Department of Housing & Urban Development (HUD) has mandated implementation of all aspects of the law that impact the Housing Choice Voucher program by July 1, 2025. As a result of this requirement, several significant changes, in addition to the routine adjustments that occur annually, have been made to the submitted Administrative Plan. Primary differences between the prior plan and this proposed revision are as follows: • Change in occupancy standards: Establishing that a married or cohabiting couple,or a single head of household,will be granted one bedroom, and then every additional two people listed in the family will be granted a bedroom to determine voucher size. • The regulations under HOTMA distinguish between two categories of student financial assistance paid,which will now include both full-time and part-time students. • The amount of assets requiring documentation increased from $5,000 to$50,000. • The allowance for elderly or disabled families will increase from $400 to$525 per year and will be adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of$25. • The allowance for dependents will remain at$480 for this year but will be adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of$25. 4 • The HUD form 9886(Release of Information)will not be required to be signed annually by adult participants. The form will now only be required when a person is first admitted to the program,when an adult is added to the family, or when minor dependents reach the age of 18. • Under HOTMA, if 90 percent or more of a family's unadjusted income is from fixed sources,the DHNP will utilize the streamlined annual reexamination process by applying the verified inflationary adjustment factor to fixed-income sources(e.g.,SS,SSI, Pension,VA Benefits). • Under HOTMA,the DHNP will utilize the New Hires Report at each annual reexamination for each participant. • The DHNP will now only obtain two recent and consecutive pay stubs when calculating the participant's annual earned income during the annual reexamination. More pay stubs may be required on a case-by-case basis. • DHNP will implement an occupancy standard where each pair of individuals in the household will receive a 1BR payment standard. Example:Two people would receive a 1BR payment, and three people would receive a 2BR payment standard. • Clarifying language regarding documentation and methodology to determine child support income. • Determining voucher size if a family's size changes during the year. The policy states that if a family change will change the applicable payment standard,the new payment standard will be implemented at the first annual reexamination. • Added "Personal Declaration Form"to clarify the acceptance of self-declaration vs third- party documents for net family assets. • Removed the previous policy regarding not processing interims until 90 days after the last reexamination if loss of income was due to the participant's fault, per HUD guidelines and NMA Consultants' recommendation. • Interim increase changes will only be applicable if the family previously reported not having any income in the household. 5 PHA Certifications of Compliance U.S.Department of Housing and Urban Development with PHA Plans and Related Office of Public and Indian Housing Expires 4/30/2011 Regulations PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below,as its Chairman or other authorized PHA official if there is no Board of Commissioners,I approve the submission of the_X_5-Year and/or_X_Annual PHA Plan for the PHA fiscal year beginning 71112015,hereinafter referred to as"the Plan", of which this document is apart and make the following certifications and agreements with the Department of Housing and Urban Development(HUD)in connection with the submission of the Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such strategy)for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA certifies that there has been no change,significant or otherwise,to the Capital Fund Program(and Capital Fund Program/Replacement Housing Factor)Annual Statement(s),since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by the PHA,consulted with this Board or Boards in developing the Plan,and considered the recommendations of the Board or Boards(24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964,the Fair Housing Act,section 504 of the Rehabilitation Act of 1973,and title H of the Americans with Disabilities Act of 1990. 7. The PHA will affirmatively further fair housing by examining their programs or proposed programs,identify any impediments to fair housing choice within those programs,address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate,complete and timely manner (as specified in PIH Notice 2006-24); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside,including basic information about available sites;and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively finthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications,as specified in 24 CFR part 903.7(c)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41,Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968,Employment Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135. Previous version is obsolete Page 1 of 2 form HUD-50077(4/2008) 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50,respectively. 15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard Reduction Act of 1992,and 24 CFR Part 35. 18. The PHA will comply with the policies,guidelines,and requirements of OMB Circular No.A-87(Cost Principles for State, Local and Indian Tribal Governments),2 CFR Part 225,and 24 CFR Part 85(Administrative Requirements for Grants and Cooperative Agreements to State,Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection.All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors(or similar governing body);and (iii)The revised policies and programs are available for review and inspection,at the principal office of the PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. City of Virginia Beach VA 039 PHA Name PHA Number/HA Code X 5-Year PHA Plan for Fiscal Years 2015 - 2019 X Annual PHA Plan for Fiscal Years 2015-2016 1 hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will prosecute false claims and statements Conviction may result in criminal and/or civil penalties (18 U.S.C.1001 1010 1012;31 U.S.C.3729,3802) Name of Authorized Official Title James K.Spore City Manager Signature Date Previous version is obsolete Page 2 of 2 form HUD-50077(4/2008) Certification by State or Local U.S.Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan Expires 4/30/2011 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan 1, James K.Spore the City Manager certify that the Five Year and Annual PHA Plan of the VBDHNP is consistent with the Consolidated Plan of City of Virginia Beach prepared pursuant to 24 CFR Part 91. Signed/Dated by Appropriate State or Local Official form HUD-50077-SL(1/2009) OMB Approval No.2577-0226 Civil Rights Certification U.S.Department of Housing and Urban Development Office of Public and Indian Housing Expires 4/30/2011 Civil Rights Certification Annual Certification and Board Resolution Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below,as its Chairman or other authorized PHA official if there is no Board of Commissioner,I approve the submission of the Plan for the PHA of which this document is a part and make the following certification and agreement with the Department of Housing and Urban Development (HUD)in connection with the submission of the Plan and implementation thereof The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964,the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing. City of Virginia Beach VA 039 PHA Name PHA Number/HA Code 1 hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. 18 U.S.C.1001,1010,1012;31 U.S.C.3729 3802 Name of Authorized Official Title James K.Spore City Manager Signature Date form HUD-50077-CR(1/2009) OMB Approval No.2577-0226 PHA 5-Year and U.S.Department of Housing and Urban OMB No.2577-0226 Development Expires 4/30/2011 Annual Plan Office of Public and Indian Housing 1.0 PHA Information PHA Name: City of Viminia Beach.Dent.of Housing and Neighborhood Preservation(DHNP)_ PHA Code: VA039 PHA Type: ❑Small ®High Performing ❑Standard ❑HCV(Section 8) PHA Fiscal Year Beginning:(MM/YYYY):_072015 2.0 Inventory(based on ACC units at time of FY beginning in 1.0 above) Number of PH units: Number of HCV units: 2044 3.0 Submission Type ®5-Year and Annual Plan ®Annual Plan Only ❑5-Year Plan Only 4.0 PHA Consortia ❑PHA Consortia:(Check box if submitting a joint Plan and complete table below.) No.of Units in Each Participating PHAs PHA Program(s)Included in the Programs Not in the Program Code Consortia Consortia PH HCV PHA 1: PHA 2: PHA 3: 5.0 5-Year Plan.Complete items 5.1 and 5.2 only at 5-Year Plan update. 5.1 Mission. State the PHA's Mission for serving the needs of low-income,very low-income,and extremely low income families in the PHA's jurisdiction for the next five years: Creating quality solutions that expand housing opportunities and promote vibrant,well-maintained neighborhoods. 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income,and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Attached with description in Support File 4. PHA Plan Update 6.0 (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: (b) Identify the specific location(s)where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Plan elements,see Section 6.0 of the instructions. Attached with description in Support File 6. Hope VI,Mixed Finance Modernization or Development,Demolition and/or Disposition,Conversion of Public Housing,Homeownership 7.0 Programs,and Project-based Vouchers Include statements related to these programs as applicable. During the 2013 and 2014 VBDHNP executed project based voucher HAP contracts for:Herons Landing(8 PBV units),Cedar Grove(32 units) for disabled veterans.Additionally 76 vouchers were conditionally awarded to four organizations who responded to RFP requests. These projects will support the needs of disabled individuals,families,seniors,and the homeless. Capital Improvements. Please complete Parts 8.1 through 8.3,as applicable. 8.0 Not Applicable. 8.1 Capital Fund Program Annual Statement/Performance and Evaluation Report. As pan of the PHA 5-Year and Annual Plan,annually complete and submit the Capital Fund Program Annual StatementlPerformance and Evaluation Report,form HUD-50075.1,for each current and open CFP grant and CFFP financing. Not Applicable. 8.2 Capital Fund Program Five-Year Action Plan. As pail of the submission of the Annual Plan,PHAs must complete and submit the Capital Fund Program Five-Year Action Plan,form HUD-50075.2,and subsequent annual updates(on a rolling basis,e.g.,drop current year,and add latest year j for a five year period). Large capital items must be included in the Five-Year Action Plan. Not Applicable 83 Capital Fund Financing Program(CFFP). ❑Check if the PHA proposes to use any portion of its Capital Fund Program(CFP)/Replacement Housing Factor(RHF)to repay debt incurred to finance capital improvements. Not Applicable. ` Page 1 of 2 form HUD-50075(4/2008) Housing Needs. Based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available data,make a reasonable effort to identify the housing needs of the low-income,very low-income,and extremely low-income families who reside in the jurisdiction served by the PHA,including elderly families,families with disabilities,and households of various races and ethnic groups,and other families who are on the public housing and Section 8 tenant-based assistance waiting lists.The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units,and location. Housing Needs for Families by Family Type Income<=30%of AMI 9590 Income>=30%but Z958 <50%of AMI Income>50%but 13 9.0 <80%of AMI Elderly+Disabled 2102 Families with Children 8634 Victims of Domestic 974 Violence Targeted homeless 3925 Virginia Beach 4400 Residents Wait list Applicant 8334 outside of jurisdiction Total persons African including family Amer Asian 2 American Hawaiian/P White Multi members by racial Indian .0019% 10501 ac Isl. 33 861 6.8% 1103 8% group 39 .003% 84% 0026% The City of Virginia Beach opened its Housing Choice Voucher Program waiting list in September 2012,and received 13,894 applications. Strategy for Addressing Housing Needs. Provide a brief description of the PI[A's strategy for addressing the housing needs of families in the 9.1 jurisdiction and on the waiting list in the upcoming year. Note: Small,Section 8 only,and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. Reference summary of progress in meeting strategic goals. Additional Information. Describe the following,as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5- 10.0 Year Plan. Reference attached"summary of progress in meeting strategic goals". (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of"significant amendment"and"substantial deviation/modification" Attached with description in support file. The Virginia Beach Department of Housing and Neighborhood Preservation defines substantial deviations and significant amendments or modifications"as any change in policy that significantly and substantially alters our stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with the department's overall mission and basic objectives will not be considered significant modifications." There were no substantial deviations or significant amendments or modifications during the program year. 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template(HUD-50075),PHAs must submit the following documents. Items(a)through(g)may be submitted with signature by mail or electronically with scanned signatures,but electronic submission is encouraged. Items(h)through(i)must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD-50077,PHA Certifications of Compliance with the PHA Plans and Related Regulations(which includes all certifications relating to Civil Rights) (b) Form HUD-50070,Certification for a Drug-Free Workplace(PHAs receiving CFP grants only) (c) Form HUD-50071,Certification of Payments to Influence Federal Transactions(PHAs receiving CFP grants only) (d) Form SF-LLL,Disclosure of Lobbying Activities(PHAs receiving CFP grants only) (e) Form SF-LLL-A,Disclosure of Lobbying Activities Continuation Sheet(PHAs receiving CFP grants only) (f) Resident Advisory Board(RAB)comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD-50075.1,Capital Fund Program Annual Statement/Performance and Evaluation Report(PHAs receiving CFP grants only) (i) Form HUD-50075.2,Capital Fund Program Five-Year Action Plan(PHAs receiving CFP grants only) Page 2 of 2 form HUD-50075(4/2008) Summary of Progress in Meeting Strategic Goals Five Year Plan Update The Virginia Beach Department of Housing and Neighborhood Preservation hereby reports the following progress in achieving the strategic goals outlined in the Five Year Plan: Goal: Expand the supply of assisted housing Objectives 1. Apply for additional vouchers 2.Leverage private or public funds to create additional housing opportunities 3.Assist other housing organizations to obtain resources for housing development During the 2011 program year,VBDHNP partnered with Virginia Beach Community Development Corporation to provide 32 project based vouchers to support the development of Cedar Grove Apartments,the first affordable,permanent rental housing development for disabled and/or homeless military vets in Virginia Beach. Cedar Grove provides affordable and assessable housing with an array of support services. It consists of 28 one-bedroom units and 4 two-bedroom units,all fully furnished. 16 of the 32 units will be handicap assessable. Herons Landings,a 60 unit regional SRO development completed construction in December 2012. This project resulted from a partnership with several Hampton Roads housing agencies and Virginia Supportive Housing,who owns and manages the property. VBDHNP provides 8 project based vouchers to house homeless person in Virginia Beach. VBDHNP has conditionally awarded 76 project-based vouchers to four organizations responding to RFP's issued during the strategic period. As these organizations secure the necessary financing and complete all necessary requirements under HUD regulations,VBDHNP will execute HAP contracts to provide rental subsidies. VBDHNP continues to work closely with Hampton VA Medical Center to ensure that veteran families are provided needed housing assistance as expeditiously as possible under the HUD-VASH program which combines rental assistance and case management services for homeless veterans and their families. We will continue to apply for additional VASH program vouchers as funding opportunities become available. Goal: Improve the quality of assisted housing Objectives 1.Improve voucher management score: (SEMAP) 2. Increase customer satisfaction VBDHNP has continued to ensure the quality of assisted housing through on going,timely inspections of assisted housing units and enforcement of HCV housing quality standards and city property maintenance codes and ordinances. In addition,we work closely with housing developers receiving financial assistance through the project base voucher program and other local resources to encourage the use of state of the art green design and other building techniques such as energy efficient lighting and appliances,and high quality construction. In 2013 VBDHNP began quarterly housekeeping classes for program participants to provide them with tools and information on how to better maintain their assisted dwelling units,and to ensure that their units pass annual inspections on the first scheduled inspection visit. Strategic goals update Page 1 i VBDHNP has taken strides to improve its owner restriction from the program process. VBDHNP wants to send a clear message that a quality housing stock an important component to the success of the program. Goal: Increase assisted housing choices Objectives 1. Provide voucher mobility counseling. 2.Conduct outreach efforts to potential voucher landlords All participants are advised of the portability features of the housing choice voucher program during the initial or annual briefings. We conduct owner outreach to encourage program participation. Using funds provided through the HOME grant program,we offer rental assistance via the Tenant Based Rental Assistance program, and Rental Security Deposit program. Additionally we use CBDG grant funds to provide relocation assistance to displaced families. Goal:Improve community quality of life and economic vitality Objectives 1. Continually work with Code Enforcement Division Staff in the DHNP to maintain and improve the livability conditions of all neighborhoods within the City. The Rental Housing Division of VDHNP continues to work closely with the municipality's Code Enforcement Division to improve housing conditions of the neighborhoods of program participants.The department operates under an MOU with the Hampton Road Veterans Collaborative to provide direct financial assistance and support services veteran families in danger of homelessness or literally homeless in Virginia Beach,Norfolk,Chesapeake,Portsmouth, Suffolk,Franklin, Southampton County and Isle of Wright County. Goal:Promote self-sufficiency and asset development of assisted households. Objectives l. Increase the number and percentage of employed persons in assisted families 2. Provide or attract supportive services to improve assistance recipient's employability. 3. Provide or attract supportive services to increase independence for the elderly or families with disability. 4. Provide HCV participants with homeownership education and opportunity through the Virginia Individual Development Account(VIDA)program and FSS VBDHNP operates an active Family Self Sufficiency Program and encourages clients to participate in a variety of seminars,training sessions and workshops designed to increased knowledge and improve skills in the areas of employment,education and financial literacy. Program achievements: 2 families have purchased homes upon graduation. 51 participants have accrued the current escrow totals of over$200K (an average of$4K per participant). In the past 5 years 8 participants have graduated. It is anticipated that 10 participants will graduate in 2015. Goal: Ensure Equal Opportunity in Housing for all Americans Objectives Strategic goals update Page 2 1. Undertake affirmative measures to ensure access to assisted housing regardless of race,color,religion,national origin, sex,familial status,and disability 2. Undertake affirmative measures to provide a suitable living environment for families living in assisted housing,regardless of race,color religion,national origin, sex, familial status,and disability 3. Undertake affirmative measures to ensure assessable housing to persons with all varieties of disabilities regardless of unit size required 4. To ensure HCV division staff receives training on Fair Housing and Affirmative Action. To post Equal Opportunity Housing posters in the reception area of the DHNP. Include equal housing opportunity language"on the HCV program application, and the HCV preliminary application,and to offer special accommodations to populations who so request one be made. To continue to enforce and educate owners/landlords on Fair Housing policies. To expand affordable housing opportunities by examining and modifying policies on subsidy standards as necessary VBDHNP continues to provide fair housing training for all new staff members,and promote fair housing awareness to all staff members and landlord/owners who participant in the housing program. Other accomplishments during the 5 year period: • Implemented new procedures for monitoring performance to ensure SEMAP compliance • Achieved status of High Performing Agency under the Section 8 Management Assessment Program. • Maintained program utilization targets of 98%expenditure of budget authority in providing direct services to clients. • Assisted families displaced by a jet crash locating suitable,affordable housing. • Supervise the implementation of the new programs:DHAP,TBRA,DRAGAS,HPRP,HF,RC and VASH. • Administer 110 VASH vouchers for the Virginia Beach area with a promise of an additional 17 more expected this year. • Established and maintained a new procedure for HQS Inspections. • Developed and implemented procedures to improve quality control. • Researched and acquired new services for utility allowances and rent reasonableness. • Created Reasonable Accommodation request form and verification letter. • Establish and maintain liaison with Va.Cooperative Extension,Agencies Coming Together(HA of sister cities),and Urban League. • Established a MOU with Norfolk Redevelopment Housing Authority(PCC group)and STOP (VIDA program). • Develop security plan to protect client and workers privacy to adhere to HUD Security Plan. • Maintain and informative materials for program participants and the general public regarding educational,public awareness,health,employment, and HUD related information. • Ensures that staff receives and renews appropriate training and certification procedures such as Housing Counseling, Fair Housing,Rent Reasonable, Enterprise Income Verification, and American Disability Act, and defensive driving Strategic goals update Page 3 Certifications of Compliance with US. Department of housing and Urban Development Office of Public and Indian Housing PHA Plan and Related Regulations OMM No.2577-0226 (Standard, Troubled, HCV-Only, and Expires 3/31/2024 High Performer PHAs) PHA Certifications of Compliance with PHA Plan,Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below,as its Chairperson or other authorized PHA official if there is no Board of Commissioners,I approve the submission of the 5-Year and/or Annual PHA Plan,hereinafter referred to as"the Plan", of which this document is a part,and make the following certification and agreements with the Department of Housing and Urban Development(HUD) for the PHA fiscal year beginning 2025 .in connection with the submission of the Plan and implementation thereof. 1. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such strategy)for the jurisdiction in which the PHA is located(24 CFR§911). 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments(AI)to Fair Housing Choice,or Assessment of Fair Housing(AFH)when applicable,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan(24 CFR§§91.2,91.225,91.325,and 91 A25), 3. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by the PHA,consulted with this Resident Advisory Board or Boards in developing the Plan,including any changes or revisions to thepolicies and programs identif Jed in the Plan before they were implemented,and considered the recommendations of the RAB (24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (i) The changes were duly approved by the PHA Board of Directors(or similar governing body);and (iii) The revised policies and programs are available for review and inspection,at the principal office of the PHA during norma 1 business hours. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the public housingprogram of the agency in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C.2000d 2000d-4),the Fair Housing Act(42 U.S.C. 3601-19),Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.794), title II of the Americans with Disabilities Act(42 U.S.C. 12101 et seq.),and other applicable civil rights requirements and that it willaffumatively further fair-housing in the administration of the program.In addition,if it administers a Housing Choice Voucher Program,the PHA certifies that it will administer the program in conformity with the Fair Housing Act,title VI of the Civil Rights Act of 1964,Section 504 of the Rehabilitation Act of 1973,title II of the Americans with Disabilities Act,and other applicable civil rights requirements,and that it will affirmatively further fair housing in the administration of the program. 7. The PHA will affirmatively further fair housing,which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing(AFH)conducted in accordance with the requirements of 24 CFR§5.150 through 5.180,that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs,in accordance with 24 CFR§903.7(o)(3). The PHA will fulfill the requirements at 24 CFR§903.7(o)and 24 CFR§903.15(d).Until such time as the PHA is required to submit an AFH,the PHA will fulfill the requirements at 24 CFR§903.7(o)promulgated prior to August 17,2015,which means that it examines its programs or proposed programs;identifies any impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement;and maintains records reflecting these analyses and actions. 8. For PHA Plans that include a policy for site based waiting lists: • The PHA regularly submitsrequired data to HUD's 50058 PIC/IMS Module in an accurate,complete and timely manner (as specified in PIH Notice 2011-65); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside,including basic information about available sites;and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; Page 1 of 3 formH1JD-50077-ST-HCV-AP(3131=4) • Adoption of a site based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing,and • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil lights laws and certifications,as specified in 24 CFR 903.7(oxl). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. In accordance with 24 CFR§5.105(a)(2),HUD's Equal Access Rule,the PHA will not make a determination of eligibility forhousing based on sexual orientation,gender identify,or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD-assisted housing. 11. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41,Policies and Procedures forthe Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968,Employment Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135. 13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50,respectively. 16. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard Reduction Act of 1992,and 24 CFR Part 35. 19. The PHA will comply with the policies,guidelines, and requirements of 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Financial Assistance,including but not limited to submitting the assurances required under24 CFR§§ 1.5,3.115,8.50,and 107.25 by submitting an SF-424,including the required assurances in SF-424B orD,as applicable. 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection.All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements,including the Declaration of Trust(s)- City of Virginia Beach VA039 PHA Name PHA Numb Code X Annual PHA Plan for Fiscal Year 2025-2026 X 5-Year PHA Plan for Fiscal Years 2025-2030 I hereby certify that all the information stated herein,as well as any information provided in the accotnpanimem herewith,is true and accurate.Warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001,1010, 1012;31 U.S.C.3729,3802). Name of Executive Director Ruth HM Name of City Manager or designee •Z6'.5 Signature fAh T Date Sign iture Date The United States Department of Housingand Urban Development is authorized to solicit the Information requested in this form by virtue of 71itle 12,U.S.Code,Section 1701 et seq.,and regulations promulgated thereunder at7ltie 12,Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does notlend itself to confidentiality.This Information is collected to ensure compliance with PHA Plan,Civil Rights,and related laws and regulations including PHA plan elements that have changed. Page 2 of 3 form A'UD-50077-ST-HCV-HP(3/31/2024) Public reporting burden for this information cogection is estimated to average 0.16 hours per year per response,including the time for reviewing instructions,searching adsdng data sources,gathering and maintaining the data needed, and completing and reviewing the collection of Information.HUD may not collect this Information,and respondents are not required to complete this form,unless It displays a currently valid OMB Control Number. Page 3 of 3 form HUD-50077-ST-HCV-HP(3/31/2024) Certification by State or Local U.S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No.2577-0226 State Consolidated Plan Expires 3/31/2024 (All PHAs) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Ruth Hill .the Director,Housing&Neighborhood Preservation Official's Name Official's Title Certify that the 5-Year PHA Plan for fiscal years 2025-2030 and/or Annual PHA Plan for fiscal year 2025-2026 of the Department of Housing&Neighborhood Preservation is consistent with the PHA Name Consolidated Plan or State Consolidated Plan, including the Analysis of Impediments(Al)to Fair Housing Choice or Assessment of Fair Housing(AFH)as applicable to the City of Virginia Beach,Virginia Local Jurisdiction Name pursuant to 24 CFR Part 91 and 24 CFR§ 903.15. Provide a description of how the PHA Plan's contents are consistent with the Consolidated Plan or State Consolidated Plan. The City of Virginia Beach, DHNP, continues efforts to promote affordable housing Our efforts include partnering in the development of 52 new affordable housing units this year. Promoting the development of housing for the homeless, elderly community, and individuals with disabilities as well as partnering with city and state agencies to administer housing assistance for 159 individuals with developmental disabilities. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802) Name of Aubodzed Official: Ruth Hill Director,Department of Housing&Nalghborhood Preservation 1\f Si nahlre: h /J Date: j' / 11.rrLWt ZA, 2QZ3 The United States Department of Housing and Urban Development is authorized to solkR the Information requested In this form by virtue of Title 12,U.S. Code.Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of Information are required to obtain a benefit or to retain a benefit The Information requested does not lend itselfto confidentiality.This Information is collected to ensure consistency with the consolidated plan or state consolidated plan. Page 1 of 1 form HUD-SW77-SL(3/31/2024) 5-Year PHA Plan U.S.Department of Housing and Urban Development OMB No.2577-0226 Office of Public and Indian Housing Expires: 03/31/2024 (for All PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,rules,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families Applicability. The Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. A. PHA Information. _ A.1 PHA Name: City of Virginia Beach Department of Housing&Neighborhood Preservation PHA Code:VA039 PHA Plan for Fiscal Year Beginning:(MM/YYYY):07/2025 The Five-Year Period of the Plan(i.e.2019-2023):2025-2030 PHA Plan Submission Type: X 5-Year Plan Submission ❑Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form,PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally,the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan,but excluded from their streamlined submissions. At a minimum,PHAs must post PHA Plans,including updates,at each Asset Management Project(AMP)and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. PHA Consortia: Check box if submitting a Joint PHA Plan and corn lete table below. Participating PHAs PHA Program(s)in the Program(s)not in the No.of Units in Each Program Code Consortia Consortia pH HCV Lead PHA: Page 1 of 6 form HUD-50075-5Y(03/31/2024) B. Plan Elements. Required for all PHAs completing this form. B.I Mission. State the PHA's mission for serving the needs of low-income,very low-income,and extremely low-income families in the PHA's jurisdiction for the next five years. The Department of Housing&Neighborhood Preservation's mission is to create quality solutions that expand housing opportunities,promote vibrant,well-maintained neighborhoods,and make homelessness rare,brief,and nonrecurring. DHNP will also look for new housing opportunities to maximize affordable housing in its communities. B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income,very low- income,and extremely low-income families for the next five years. Please see"2025 goals" B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Please see"2025 progress" BA Violence Against Women Act(VAWA)Goals. Provide a statement of the PHA's goals,activities,objectives,policies,or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence,dating violence,sexual assault,or stalking. DHNP has adopted the following policy to help ensure that all actual and potential HCV program beneficiaries know their rights under VAWA. DHNP will have the following information regarding VAWA in its offices and website. The policy and supporting HUD documents(5380& 5382)are in all official correspondence to the participants and are sent to them at least annually. This policy is addressed in the agency Administrative Plan. C. Other Document and/or Certification Requirements. CA Significant Amendment or Modification.Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. The City of Virginia Beach's Department of Housing&Neighborhood Preservation defines substantial deviations and significant amendments or modifications as"any changes in policy that significantly and substantially alters our stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with the department's overall mission and basic objectives will not be considered significant modifications." There are non-substantial deviations or significant amendments or modifications during the program year. C.2 Resident Advisory Board(RAB)Comments. (a) Did the RAB(s)have comments to the 5-Year PHA Plan? Y N ❑ ❑ The RAB/Public hearing was held on March 27,2025. (b) If yes,comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. C.3 Certification by State or Local Officials. Form HUD-50077-SL,Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. CA Required Submission for HUD FO Review. (a) Did the public challenge any elements ofthe Plan? Y N X ❑ ❑ (b) If yes,include Challenged Elements. D. Affirmatively Furthering Fair Housing(AFFH). Paae 2 of G form IIt'D-50075-51'(03/31/2024) D.1 Affirmatively Furthering Fair Housing.(Non-qualified PHAs are only required to complete this section on the Annual PHA Plan.All qualified PHAs must complete this section.) Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH)consistent with 24 CFR§5.154(d)(5).Use the chart provided below.(PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH,the PHA is not obligated to complete this chart The PHA will fulfill,nevertheless,the requirements at 24 CFR§903.7(o)enacted prior to August 17,2015.See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housing strateeies and actions to achieve the Qoa1 It is the policy of the DHNP to comply fully with all federal,state,and local laws. Nondiscrimination laws and the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The DHNP shall not deny any family or individual the equal opportunity to apply for or receive assistance under the HCV program based on race,color,sex,religion,creed,national or ethnic origin,age, familial or marital status,handicap or disability,or sexual orientation. To further its commitment to full compliance with applicable Civil Rights laws,the DHNP will provide voucher holders with Federal/State/local information regarding unlawful discrimination and any recourse available to families who believe they are victims of a discriminatory act. Such information will be available during the family briefing session and all applicable Fair Housing Information and Discrimination. Complaint Forms will be made a part of the voucher holder's briefing packet and are available upon request. Fair Housing Goal: Describe fair housing strategies and actions to achieve the eoal Federal regulations prohibit discrimination against certain protected classes and other groups of people.State and local requirements,as well as DHNP policies,can prohibit discrimination based on different factors. The DHNP shall not discriminate because of race,color,sex,religion,familial status,age,disability,or national origin(called"protected classes") Familial status includes children under the age of 18 living with parents or legal custodians,pregnant women,and people securing custody of children under the age of 18. The DHNP will not discriminate based on marital status,gender identity,or sexual orientation[FR Notice 02/03/12;Executive Order 13988]. The DHNP does not identify any additional protected classes. Page 3 of 6 form HUD-50075-5Y(03/31/2024) Fair Housing Goal: Affirmatively Furthering Fair Housing(AFFH). Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing(AFH)consistent with 24 CFR§5.154(d)(5).Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH,the PHA is not obligated to complete this chart. The PHA will fulfill,nevertheless,the requirements at 24 CFR§903.7(o)enacted prior to August 17,2015.See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal It is the policy of the DHNP to comply fully with all federal,state,and local laws. Nondiscrimination laws and the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The DHNP shall not deny any family or individual the equal opportunity to apply for or receive assistance under the HCV program based on race,color,sex,religion,creed,national or ethnic origin, age,familial or marital status,handicap or disability,or sexual orientation. To further its commitment to full compliance with applicable Civil Rights laws,the DHNP will provide voucher holders with Federal/State/local information regarding unlawful discrimination and any recourse available to families who believe they are victims of a discriminatory act.Such information will be available during the family briefing session and all applicable Fair Housing Information and Discrimination. Complaint Forms will be made a part of the voucher holder's briefing packet and are available upon request. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal Federal regulations prohibit discrimination against certain protected classes and other groups of people.State and local requirements,as well as DHNP policies,can prohibit discrimination based on different factors. The DHNP shall not discriminate because of race,color,sex,religion,familial status,age,disability,or national origin(called"protected classes") Familial status includes children under the age of 18 living with parents or legal custodians,pregnant women, and people securing custody of children under the age of 18. The DHNP will not discriminate based on marital status,gender identity,or sexual orientation[FR Notice 02/03/12;Executive Order 13988]. The DHNP does not identify any additional protected classes. Page 4 of form HUD-50075-5Y(03/31/2024) The DHNP will not use any of these factors to: Deny to any family the opportunity to apply for housing,nor deny any qualified applicant the opportunity to participate in the housing choice voucher program. Provide housing that is different from that provided to others. Subject anyone to segregation or disparate treatment. Subject anyone to sexual harassment. Restrict anyone's access to any benefit others enjoy with the housing program. Treat a person differently in determining eligibility or other requirements for admission. Steer an applicant or participant toward or away from a particular area based on these factors. Deny anyone access to the same level of services. Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program. Discriminate in the provision of residential real estate transactions. Discriminate against someone because they are related to or associated with a protected class member. Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal The DHNP must ensure that families and owners know all applicable civil rights laws.As part of the briefing process,the DHNP must inform HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods[24 CFR 982.3011.The Housing Assistance Payments(HAP)contract informs owners of the requirement not to discriminate against anyone because of race,color,religion,sex, national origin,age,familial status,or disability in connection with the contract. Instructions for Preparation of Form HUD-50075-5Y- 5-Year PHA Plan for All PHAs A. PHA Information.All PHAs must complete this section. (24 CFR§903.4) Page 5 of6 form HUD-50075-5Y(03/31/2024) A.1 Include the full PHA Name,PHA Code,PHA Fiscal Year Beginning(MMfYYYY),Five-Year Period that the Plan covers,i.e. 2019-2023,PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the hearing and proposed PHA Plan. PHA Consortia:Check box if submitting a Joint PHA Plan and complete the table. B. Plan Elements. B1 Mission. State the PHA's mission for serving the needs of low-income,very low-income,and extremely low-income families in the PHA's jurisdiction for the next five years.(24 CFR§903.6(a)(1)) B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income,very low-income,and extremely low-income families for the next five years. (24 CFR&903.6(b)(1)1 B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR§903.6(b)L) BA Violence Against Women Act(VAWA)Goals. Provide a statement of the PHA's goals,activities objectives,policies,or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence,dating violence,sexual assault,or stalking. (24 CFR§903.6(a)(3)). C. Other Document and/or Certification Requirements. C.1 Significant Amendment or Modification.Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan.For modifications resulting from the Rental Assistance Demonstration(RAD)program,refer to the `Sample PHA Plan Amendment'found in Notice PIH-2012-32,REV 2. C.2 Resident Advisory Board(RAB)comments. (a) Did the public or RAB have comments? (b) If yes,submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations.(24 CFR&903.17(b).24 CFR&903.19) C.3 Certification by State or Local Officials. Form HUD-50077-SL-Certification by State or LocalOfJFcials ofPHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. CA Required Submission for HUD FO Review. Challenged Elements. (a) Did the public challenge any elements of the Plan? (b) If yes,include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements,the source of the challenge,and the PHA's response to the public. D. Affirmatively Furthering Fair Housing. (Non-qualified PHAs are only required to complete this section on the Annual PHA Plan.All qualified PHAs must complete this section.) D.1 Affirmatively Furthering Fair Housing.The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing(AFH)consistent with 24 CFR§5.154(d)(5) that states,in relevant part:"To implement goals and priorities in an AFH,strategies and actions shall be included in program participants'... PHA Plans(including any plans incorporated therein)....Strategies and actions must affirmatively further fair housing...."Use the chart provided to specify each fair housing goal from the PHA's AFH for which the PHA is the responsible program participant—whether the AFH was prepared solely by the PHA,jointly with one or more other PHAs,or in collaboration with a state or local jurisdiction—and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan.If there are more than three fair housing goals,add answer blocks as necessary. Until such time as the PHA is required to submit an AFH,the PHA will not have to complete section D.;nevertheless,the PHA will address its obligation to affirmatively further fair housing in part by fidfrlling the requirements at 24 CFR 903.7(o)(3)enacted prior to August 17, 2015,which means that it examines its own programs or proposed programs;identifies any impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement;and maintain records reflecting these analyses and actions. Furthermore,under Section 5A(dX 15)of the U.S.Housing Act of]937,as amended,a PHA must submit a civil rights certification with its Annual PHA Plan,which is described at 24 CFR 903.7(ox 1)except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document. This Information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act,which added a new section SA to the U.S.Housing Act of 1937,as amended, which introduced the 5-Year PHA Plan.The S-Year PHA Plan provides the PHA's mission,goals and objectives for serving the needs of low-Income,very low-income,and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan. Public reporting burden for this information collection Is estimated to average 1.64 hours per year per response or 8.2 hours per response every five years,Including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.HUD may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the Information requested in this form by virtue of Title 12,U.S.Code, Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations.Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. Page 6 of 6 form HUD-50075-5Y(03/31/2024) 2025-2030 Five-Year Plan: Goals and Objectives The Mission of the City of Virginia Beach is to enhance the community's economic, educational, social, and physical quality and provide substantial municipal services valued by its citizens. The method for accomplishing this mission is to provide quality customer service, utilize teamwork, and work with integrity and commitment. The Goals of the Department of Housing& Neighborhood Preservation's Rental Housing Division for the next five years are centered on this vision: Goal#1: Evaluate our processes and work to increase our efficiency. Rental Housing continues to evaluate and review forms, packets, and letters to eliminate redundancy and adopt continuous improvement mechanisms in its daily work. Recently,the division created an operations team responsible for overseeing this process, quality control, and compliance for all processes and communication. The division also hired a consulting firm to evaluate its processes and made several recommendations for improvement that are currently being implemented. The intention is to free up staff and reallocate resources for other functions. The inspection scheduling process is being considered to be transferred to the Code Enforcement division to streamline this process. The division is also updating its software to Assistance Connect, which allows participants and landlords to access their records electronically and process annuals and interims through the software versus paper. Goal#2: Support the City's Comprehensive Plan to increase housing opportunities in Federal Opportunity Zones and coordinate with the City's defined Strategic Growth Areas. The city has designated certain areas in Virginia Beach for new housing and business development. It will continue to support that effort by targeting Project Based Voucher developments in those areas. The division already has several projects that have aided this goal by project-basing its Housing Choice Vouchers so that developers are more successful in their LIHTC applications, allowing them to build more affordable housing units. Two projects will add 78 PBV units within the next two years. 2020-2025 5-Year Plan: Progress Report on Goals and Objectives Goal#1: Evaluate our processes and work to increase our efficiency This is a continuous process, and while we have achieved many changes in meeting this stated goal, COVID-19 delayed some of the implementation of the proposed changes. However, we continue striving to improve all our processes and establish long-term improvement plans as we advance. DHNP completed a reset in 2023, which reorganized the structure and functions of staff, and is continuing the work to enhance effectiveness and efficiencies. In December 2024, this reset and a complete program assessment were completed by outside consultants. As a result, an action plan has been developed to enhance the voucher program's operations further. Goal #2: Support the City's Comprehensive Plan to increase housing opportunities in Federal Opportunity Zones and coordinate with the City's defined Strategic Growth Areas. Our department has accomplished this goal and will continue pursuing opportunities. In 2020, in partnership with the Johnston-Franklin Group, our agency provided 10 PBVs, which allowed the developer to build an additional 230 LIHTC affordable units. In 2024, our agency partnered again with this developer at the cost of 6 vouchers, which built an additional 176 LIHTC affordable units—both projects for the PBV target participants with Intellectual Development Disabilities. In 2025, partnering with the Judeo Community Outreach Center, there will be a project with 38 units (all subsidized by PBVs) with a targeted population of single homeless individuals. In 2026, partnering with Seniors Unlimited, our agency will project base 20 vouchers for a 40-unit project in one of the city's Strategic Growth Areas for participants over 55 and disabled. Goal#3: Expand our Family Self-Sufficiency (FSS) Program This goal has been achieved, as we currently serve 38 families with this program, with a cap of 50. In 2022, our agency completed a comprehensive update to the FSS Action Plan, which establishes the program's operation in accordance with HUD requirements. Our agency bolstered its PCCC by forging relationships with outside agencies to assist in offering services to participants to accomplish their stated goals. Annual PHA Plan U.S.Department of Housing and Urban Development OMB No.2577-0226 (Standard PHAS and Office of Public and Indian Housing Expires: 03/31/2024 Troubled PHAS Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,rules,and requirements concerning the PHA's operations,programs,and services,including changes to these policies,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families. Applicability. The Form HUD-50075-ST is to be completed annually by STANDARD PHAS or TROUBLED PHAs. PHAS that meet the definition of a High Performer PHA,Small PHA,HCV-Only PHA or Qualified PHA do not need to submit this form. Definitions. (1) High-Performer PHA—A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers,and was designated as a high performer on both the most recent Public Housing Assessment System(PHAS)and Section Eight Management Assessment Program(SEMAP) assessments if administering both programs,or PHAS if only administering public housing. (2) Small PHA-A PHA that is not designated as PHAS or SEMAP troubled,that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550. (3) Housing Choice Voucher(HCV)Only PHA-A PHA that administers more than 550 HCVs,was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing. (4) Standard PHA-A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA-A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Quaked PHA-A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled. A. 0$A In 0m0001 A.1 PHA Name: City of Virginia Beach Department of Housing&Neighborhood Preservation PHA Code: VA039 PHA Type: X Standard PHA ❑Troubled PHA PHA Plan for Fiscal Year Beginning:(MM/YYYY):07/2025 PHA Inventory(Based on Annual Contributions Contract(ACC)units at time of FY beginning,above) Number of Public Housing(PH)Units Number of Housing Choice Vouchers(HCVs)2115 Total Combined Units/Vouchers PHA Plan Submission Type:X Annual Submission ❑Revised Annual Submission Availability of Information.PHAS must have the elements listed below readily available to the public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum,PHAS must post PHA Plans,including updates,at each Asset Management Project(AMP) and main office or central office of the PHA. PHAS are strongly encouraged to post complete PHA Plans on their official website. PHAS are also encouraged to provide each resident council a copy of their PHA Plans. PHA Consortia: Check box if submitting a Joint PHA Plan and complete table below Participating PHAS PHA Code Program Program(s)not in the No.of Units in Each Programs)in the Consortia Consortia PH HCV Lead PHA: Page 1 of 9 form HUD-50075-ST(03/31/2024) B. Plan Elements _ B.1 Revision of Existing PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA? Y N ❑ X Statement of Housing Needs and Strategy for Addressing Housing Needs ❑ X Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions. ❑ X Financial Resources. ❑ X Rent Determination. ❑ X Operation and Management. ❑ X Grievance Procedures. ❑ X Homeownership Programs. ❑ X Community Service and Self-Sufficiency Programs. ❑ X Safety and Crime Prevention. ❑ X Pet Policy. ❑ X Asset Management. ❑ X Substantial Deviation. ❑ X Significant Amendment/Modification (b) If the PHA answered yes for any element,describe the revisions for each revised element(s): (c) The PHA must submit its Deconcentration Policy for Field Office review. B.2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ X Hope VI or Choice Neighborhoods. ❑ X Mixed Finance Modernization or Development. ❑ X Demolition and/or Disposition. ❑ X Designated Housing for Elderly and/or Disabled Families. ❑ X Conversion of Public Housing to Tenant-Based Assistance. ❑ X Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Vouchers under RAD. ❑ X Occupancy by Over-Income Families. ❑ X Occupancy by Police Officers. ❑ X Non-Smoking Policies. Y ❑Project-Based Vouchers. ❑ X Units with Approved Vacancies for Modernization. ❑ X Other Capital Grant Programs(i.e.,Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b)If any of these activities are planned for the current Fiscal Year,describe the activities. For new demolition activities,describe any public housing development or portion thereof,owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process.If using Project-Based Vouchers(PBVs),provide the projected number of project-based units and general locations,and describe how project basing would be consistent with the PHA Plan. A 38-unit project partnered with the Judeo Community Outreach Center(JCOC)with a targeted population of single-homeless. Progress Report. B.3 Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan. The DHNP will pull from its HCV Waiting List,when vacancies occur in its program. Special use vouchers will be issued when there are vacancies on those programs.The 5-year plan is currently being developed for FY 2025-2030.HUD has mandated using Small Area Fair Market Rents(SAFMR)effective January 1,2025.SAFMRs are based on the jurisdiction's zip codes vs.the Hampton Roads region.This will allow new participants and movers to find and secure units in more expensive areas of the jurisdiction and significantly contribute to the de-concentration of poverty. The PHA did not adopt SAFMRs for PBVs as HUD did not require them to do so. The PHA has two PBVs in progress. A 38-unit project partnered with the Judeo Community Outreach Center(JCOC)with a targeted population of single-homeless. The second project is a 40-unit (20PBVs)with Seniors Unlimited and managed by Community Housing Partners,targeting 55+and/or disabled tenants. This project is in one of Virginia Beach's strategic growth areas SGAs. The PHA will continue to pursue and evaluate the merits of projects to be built in the ci 's SGAs. Page 2 of form HUD-50075-ST(03/31/2024) BA Capital Improvements.Include a reference here to the most recent HUD-approved 5-Year Action Plan in EPIC and the date that it was approved. NA B.5 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N ❑ X (b) If yes,please describe:DHNP passed its FY 23/24 annual SEMAP audit with a standard performer score. C. Other Document and/or Certification Requirements. C.1 Resident Advisory Board(RAB)Comments. (a) Did the RAB(s)have comments to the PHA Plan? Y N ❑ ❑ The RAB/Public meeting was held on March 27,2025. There were no comments regarding the annual plan. (b) If yes,the PHA must submit comments as an attachment to the PHA Plan.PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. C.2 Certification by State or Local Officials. Form HUD 50077-SL_Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Civil Rights Certification/Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Form 14UD-50077-ST-HCV-HP,PHA Certifications of Compliance with PHA Plan,Civil Rights,and Related Laws and Regulations Including PHA Plan Elements that Have Changed,must be submitted by the PHA as an electronic attachment to the PHA Plan. CA Challenged Elements.If any element of the PHA Plan is challenged,a PHA must include such information as an attachment with a description of any challenges to Plan elements,the source ofthe challenge,and the PHA's response to the public. (a) Did the public challenge any elements of the Plan? Y N x ❑ ❑ Ifyes,include Challenged Elements. C.5 Troubled PHA. (a) Does the PHA have any current Memorandum of Agreement,Performance Improvement Plan,or Recovery Plan in place? Y N N/A ❑ X ❑ (b) If yes,please describe: Page 3 of 9 form HUD-50075-ST(03/31/2024) D. Affirmatively Furthering Fair Housing(AFFH). At Affirmatively Furthering Fair Housing(AFFH). Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing(AFH)consistent with 24 CFR§ 5.154(d)(5).Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH,the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless,the requirements at 24 CFR§903.7(o)enacted prior to August 17,2015. See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housin s�egies and actions to achieve the goal It is the policy of the DHNP to comply fully with all federal,state,and local laws,nondiscrimination laws,and the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The DHNP shall not deny any family or individual the equal opportunity to apply for or receive assistance under the HCV program based on race,color,sex,religion,creed,national or ethnic origin,age, familial or marital status,handicap or disability,or sexual orientation. To further its commitment to full compliance with applicable Civil Rights laws,the DHNP will provide voucher holders with Federal/State/local information regarding unlawful discrimination and any recourse available to families who believe they are victims of a discriminatory act.Such information will be available during the family briefing session and all applicable Fair Housing Information and Discrimination. Complaint Forms will be made a part of the voucher holder's briefing packet and are available upon request. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements,as well as DHNP policies,can prohibit discrimination based on different factors. The DHNP shall not discriminate because of race,color,sex,religion,familial status,age,disability,or national origin(called"protected classes") Familial status includes children under the age of 18 living with parents or legal custodians,pregnant women,and people securing custody of children under the age of 18. Page 4 of 9 form HUD-50075-ST(03/31/2024) The DHNP will not discriminate based on marital status,gender identity,or sexual orientation[FR Notice 02/03/12; Executive Order 13988]. The DHNP does not identify any additional protected classes. The DHNP will not use any of these factors to: • Deny to any family the opportunity to apply for housing,nor deny any qualified applicant the opportunity to participate in the housing choice voucher program. Provide housing that is different from that provided to others. Subject anyone to segregation or disparate treatment. Subject anyone to sexual harassment. Restrict anyone's access to any benefit others enjoy with the housing program. Treat a person differently in determining eligibility or other requirements for admission. Steer an applicant or participant toward or away from a particular area based on these factors. Deny anyone access to the same level of services. Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program. Discriminate in the provision of residential real estate transactions. Discriminate against someone because they are related to or associated with a protected class member. Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class. Fair Housing Goal: Describe fair housin—a strategies and actions to achieve the Qoal The DHNP must ensure that families and owners know all applicable civil rights laws.As part of the briefing process,the DHNP must inform HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods[24 CFR 982.301].The Housing Assistance Payments(HAP)contract informs owners of the requirement not to discriminate against anyone because of race,color,religion,sex,national origin, age,familial status,or disability in connection with the contract. Page 5 of form HUD-50075-ST(03/31/2024) Instructions for Preparation of Form HUD-50075-ST Annual PHA Plan for Standard and Troubled PHAs A. PHA Information.All PHAs must complete this section,(24 CFR§903.4) A.1 Include the full PHA Name,PHA Code,PHA Type,PHA Fiscal Year Beginning(MM/YYYYY),PHA Inventory,Number of Public Housing Units and or Housing Choice Vouchers(HCVs),PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the public hearing and proposed PHA Plan.(24 CFR 003.230)(e)) PHA Consortia:Check box if submitting a Joint PHA Plan and complete the table.(24 CFR&943.128(a)) B. Plan Elements. All PHAs must complete this section. B.1 Revision of Existing PHA Plan Elements.PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA.To specify which elements have been revised,mark the`yes"box. If an element has not been revised,mark"no."(24 CFR&903.7) ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income,very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant-based assistance waiting lists.The statement must identify the housing needs of(i)families with incomes below 30 percent of area median income(extremely low-income);(ii)elderly families (iii) households with individuals with disabilities,and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant-based assistance waiting lists based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available data.The statement of housing needs shall be based on information provided by the applicable Consolidated Plan,information provided by HUD,and generally available data. The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units, and location.Once the PHA has submitted an Assessment of Fair Housing(AFH),which includes an assessment of disproportionate housing needs in accordance with 24 CFR§5.154(d)(2xiv),information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs.(24 CFR§903.7(a)). The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units,and location.(24 CFR 003.7(02)(i)) Provide a description of the ways in which the PHA intends,to the maximum extent practicable,to address those housing needs in the upcoming year and the PHA's reasons for choosing its strategy. (24 CFR 003.7(a)(2)(ii)) ❑ Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what'a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements,see 24 CFR 903.2.(24 CFR&903.23(b))Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR§903.2(bx2)for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR 003.7(b))Describe the PHA's procedures for maintain waiting lists for admission to public housing and address any site-based waiting lists.(24 CFR&903.7(b)).A statement of the PHA's policies that govern resident or tenant eligibility,selection and admission including admission preferences for both public housing and HCV. (24 CFR 003.7(b))Describe the unit assignment policies for public housing. (24 CFR 4903.7(b)) ❑ Financial Resources. A statement of financial resources,including a listing by general categories,of the PHA's anticipated resources,such as PHA operating capital and other anticipated Federal resources available to the PHA,as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program,and state the planned use for the resources.(24 CFR 003.7(c)) ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units,including applicable public housing flat rents,minimum rents,voucher family rent contributions,and payment standard policies.(24 CFR§903.7(d)) ❑ Operation and Management. A statement of the rules,standards,and policies of the PHA governing maintenance and management of housing owned, assisted,or operated by the public housing agency(which shall include measures necessary for the prevention or eradication of pest infestation,including cockroaches),and management of the PHA and programs of the PHA.(24 CFR&903.7 ❑ Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and applicants.(24 CFR 6903.7(f)) ❑ Homeownership Programs. A description of any Section 5h,Section 32,Section 8y,or HOPE I public housing or Housing Choice Voucher(HCV) homeownership programs(including project number and unit count)administered by the agency or for which the PHA has applied or will apply for approval.(24 CFR§903.7(k)) Page 6 of 9 form HUD-50075-ST(03/31/2024) ❑ Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of(24 CFR 003.70)).Provide a description of. 1)Any programs relating to services and amenities provided or offered to assisted families;and 2)Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families,including programs subject to Section 3 of the Housing and Urban Development Act of 1968(24 CFR Part 135)and FSS. (24 CFR§903.7(Il) ❑ Safety and Crime Prevention(VAWA). Describe the PHA's plan for safety and crime prevention to ensure the safety of the public housing residents. The statement must provide development-by-development or jurisdiction wide-basis: (i)A description of the need for measures to ensure the safety of public housing residents;(ii)A description of any crime prevention activities conducted or to be conducted by the PHA;and(iii)A description of the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities.(24 CFR 003.7(m)) A description of: 1)Any activities,services,or programs provided or offered by an agency,either directly or in partnership with other service providers,to child or adult victims of domestic violence,dating violence,sexual assault,or stalking;2)Any activities,services,or programs provided or offered by a PHA that helps child and adult victims of domestic violence,dating violence,sexual assault,or stalking,to obtain or maintain housing;and 3)Any activities, services,or programs provided or offered by a public housing agency to prevent domestic violence,dating violence,sexual assault,and stalking,or to enhance victim safety in assisted families.(24 CFR 003.7(m)(5)) ❑ Pet Policy. Describe the PHA's policies and requirements pertaining to the ownership of pets in public housing.(24 CFR&903.7(n)) ❑ Asset Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating,capital investment,rehabilitation,modernization,disposition,and other needs for such inventory.(24 CFR&903.7(q)) ❑ Substantial Deviation. PHA must provide its criteria for determining a"substantial deviation"to its 5-Year Plan. (24 CFR&903.7(r)(2)(il) ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a"Significant Amendment or Modification"to its 5-Year and Annual Plan.For modifications resulting from the Rental Assistance Demonstration(RAD)program,refer to the`Sample PHA Plan Amendment'found in Notice PIH-2012-32 REV-3,successor RAD Implementation Notices,or other RAD Notices. If any boxes are marked"yes",describe the revision(s)to those element(s)in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements,see 24 CFR 903.2.(24 CFR&903.23(b)) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year,mark`yes"for those elements,and describe the activities to be undertaken in the space provided.If the PHA does not plan to undertake these activities,mark"no." ❑ HOPE VI or Choice Neighborhoods. 1)A description of any housing(including project number(if known)and unit count)for which the PHA will apply for HOPE VI or Choice Neighborhoods,and 2)A timetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process.See guidance on HUD's website at: htti2sJ/www.hud.gov/program offices/public indian housingiprograms/ph/hope6. (Notice P1H 2011-47) ❑ Mixed Finance Modernization or Development. 1)A description of any housing(including project number(if known)and unit count)for which the PHA will apply for Mixed Finance Modernization or Development;and 2)A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process.See guidance on HUD's website at: https://www.hud.gov/program offices/public indian housing-/programs/ph/hope6/mfph#4 ❑ Demolition and/or Disposition. With respect to public housing only,describe any public housing development(s),or portion of a public housing development projects, owned by the PHA and subject to ACCs(including project number and unit numbers[or addresses]),and the number of affected units along with their sizes and accessibility features)for which the PHA will apply or is currently pending for demolition or disposition approval under section 18 of the 1937 Act(42 U.S.C.1437p);and(2)A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA's last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. Approval of the PHA Plan does not constitute approval of these activities.See guidance on HUD's website at: http://www.hud.pov/offices/t)ih/centers/sac/demo dispo/index cfm.(24 CFR 003.7(h)) ❑ Designated Housing for Elderly and Disabled Families.Describe any public housing projects owned,assisted or operated by the PHA(or portions thereof),in the upcoming fiscal year,that the PHA has continually operated as,has designated,or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1)development name and number;2)designation type;3)application status;4)date the designation was approved,submitted,or planned for submission,5)the number of units affected and;6)expiration date of the designation of any HUD approved plan. Note: The application and approval process for such designations is separate from the PHA Plan process,and PHA Plan approval does not constitute HUD approval of any designation.(24 CFR 003.70)(CC) ❑ Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s)(including project number and unit count)owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance;2)An analysis of the projects or buildings required to be converted;and 3)A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR§903.7(j)) ❑ Conversion of Public Housing under the Rental Assistance Demonstration(RAD)program. Describe any public housing building(s)(including project number and unit count)owned by the PHA that the PHA plans to voluntarily convert to Project-Based Rental Assistance or Project-Based Vouchers under RAD. See additional guidance on HUD's website at:Notice PIH 2O12-32 REV-3.successor RAD Implementation Notices and other RAD notices ❑ Occupancy by Over-Income Families. A PHA that owns or operates fewer than two hundred fifty(250)public housing units,may lease a unit in a public housing development to an over-income family(a family whose annual income exceeds the limit for a low income family at the time of initial Page 7 of 9 form HUD-50075-ST(03/31/2024) occupancy),if all the following conditions are satisfied: (1)There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family;(2)The PHA has publicized availability of the unit for rental to eligible low income families,including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family;(3)The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit;(4)The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family;and(5)The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over-income families into its PHA Plan statement of deconcentration and other policies that govem eligibility, selection,and admissions. See additional guidance on HUD's website at: Notice PIH 2O11-7.(24 CFR 960.503) (24 CFR 903.7(b)) ❑ Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing,to reside in a public housing dwelling unit. The PHA must include the number and location of the units to be occupied by police officers,and the terms and conditions of their tenancies;and a statement that such occupancy is needed to increase security for public housing residents. A"police officer"means a person determined by the PHA to be,during the period of residence of that person in public housing,employed on a full-time basis as a duly licensed professional police officer by a Federal,State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility,selection,and admissions. See additional guidance on HUD's website at: Notice PIH 2O11-7.(24 CFR 960.505)(24 CFR 903.7(b)) ❑ Non-Smoking Policies.The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD's website at:Notice PIH 2O09-21 and Notice PIH-2017-03. (24 CFR§903.7(e)1 ❑ Project-Based Vouchers. Describe any plans to use Housing Choice Vouchers(HCVs)for new project-based vouchers,which must comply with PBV goals,civil rights requirements,Housing Quality Standards(HQS)and deconcentration standards,as stated in 983.57(b)(1)and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility,selection,and admissions. If using project-based vouchers,provide the projected number of project-based units and general locations,and describe how project-basing would be consistent with the PHA Plan(24 CFR 003.7(b)). ❑ Units with Approved Vacancies for Modernization.The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR 6990.145(a)(1). ❑ Other Capital Grant Programs(i.e.,Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). For all activities that the PHA plans to undertake in the current Fiscal Year,provide a description of the activity in the space provided. B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan,a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan.(24 CFR 6903.7(r)(1)) BA Capital Improvements. PHAs that receive funding from the Capital Fund Program(CFP)must complete this section(24 CFR 5903.7(al).To comply with this requirement,the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved. PHAs can reference the form by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template:"See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX." B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings,mark"yes"and describe those findings in the space provided. (24 CFR&903.7(0)1 C. Other Document and/or Certification Requirements. C.1 Resident Advisory Board(RAB)comments.If the RAB had comments on the annual plan,mark`yes,"submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations.(24 CFR 4903.13(c),24 CFR 003.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan.(24 CFR 4903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. C.3 Civil Rights Certification/Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised,provided to the RAB for comment before implementation,approved by the PHA board,and made available for review and inspection by the public.This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP,PHA Certifications of Compliance with PHA Plan,Civil Rights,and Related Laws and Regulations Including PHA Plan Elements that Have Changed.Form HUD-50077-ST-HCV-HP,PHA Certifications of Compliance with PHA Plan,Civil Rights,and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of§§903.7(ox 1)and 903.15(d)and:(i)examines its programs or proposed programs;(ii)identifies any fair housing issues and contributing factors within those programs,in accordance with 24 CFR 5.154 or 24 CFR 5.160(a)(3)as applicable;(iii)specifies actions and strategies designed to address contributing factors,related fair housing issues,and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available;(iv)works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement;(v)operates programs in a manner consistent with arty applicable consolidated plan under 24 CFR part 91, and with any order or agreement,to comply with the authorities specified in paragraph(oxl)of this section;(vi)complies with any contribution or consultation requirement with respect to any applicable AFH,in accordance with 24 CFR 5.150 through 5.180;(vii)maintains records reflecting these analyses,actions,and the results of these actions;and(viii)takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing;and assures that the annual plan is consistent with arty applicable Consolidated Plan for its jurisdiction.(24 CFR§903.7(o)). Page 8 of 9 form HUD-50075-ST(03/31/2024) C.4 Challenged Elements.If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged,a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements,the source of the challenge,and the PHA's response to the public. C.5 Troubled PHA. If the PHA is designated troubled,and has a current MOA,improvement plan,or recovery plan in place,mark`yes,"and describe that plan. Include dates in the description and most recent revisions of these documents as attachments.If the PHA is troubled,but does not have any of these items, mark"no."If the PHA is not troubled,mark"N/A."(24 CFR§903.9) D. Affirmatively Furthering Fair Housing(AFFH). D.1 Affirmatively Furthering Fair Housing.The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing(AFH)consistent with 24 CFR§5.154(d)(5)that states,in relevant part:"To implement goals and priorities in an AFH,strategies and actions shall be included in program participants'...PHA Plans(including any plans incorporated therein).... Strategies and actions must affirmatively further fair housing...." Use the chart provided to specify each fair housing goal from the PHA's AFH for which the PHA is the responsible program participant—whether the AFH was prepared solely by the PHA,jointly with one or more other PHAs,or in collaboration with a state or local jurisdiction—and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan.If there are more than three fair housing goals,add answer blocks as necessary. Until such time as the PHA is required to submit an AFH,the PHA will not have to complete section D.,nevertheless,the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(ox3)enacted prior to August 17,2015,which means that it examines its own programs or proposed programs;identifies any impediments to fair housing choice within those programs,addresses those impediments in a reasonable fashion in view of the resources available;works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement;and maintain records reflecting these analyses and actions.Furthermore,under Section 5A(d)(15)of the U.S.Housing Act of 1937, as amended,a PHA must submit a civil rights certification with its Annual PHA Plan,which is described at 24 CFR 903.7(o)(1)except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document. This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act,which added anew section SA to the U.S.Housing Act of 1937,as amended,which introduced the 5-Year and Annual PHA Plan. Public reporting burden for this information collection is estimated to average 7.52 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. HUD may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12,U.S.Code, Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of Information are required to obtain a benefit or to retain a benefit.The information requested does not lend itself to confidentiality. Page 9 of 9 form HUD-50075-ST(03/31/2024) �p^U fiZ' i t. ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #100685, "Water Meter Replacement Program," to Appropriate $2,000,000 from Net Assets in the Water and Sewer Enterprise Fund, and to Transfer$800,000 within the Water and Sewer Enterprise Fund MEETING DATE: April 15, 2025 ■ Background: On February 12, 2025, Public Utilities responded to a sanitary sewer force main break in the 700 block of General Booth Blvd. The break resulted in a prolonged downtime to perform complex repairs, which required utilizing a contractor for pump-and-haul services for three private pump stations and three City-owned pump stations to avoid sanitary sewer overflows until the repairs could be completed. The pump-and-haul efforts to support the six affected sewer pump stations consisted of conducting 24-hour operations for six consecutive days at a total cost of $481,500. Public Utilities continues to experience significant delays due to supply chain issues when ordering new water meters. In turn, the delays are impacting replacement schedules of aging and/or malfunctioning meters. Furthermore, the long lead times for new meters will potentially delay a planned initiative in FY 2025-26 to begin converting manual-read meters to radio-read technology. Public Utilities has nearly exhausted funding in the current year for meter replacements and has the need to expand the meter inventory to mitigate the operational impacts caused by excessive ordering lead times. Historically, Public Utilities has ordered meters "just-in-time" to maintain a sufficient inventory; however, lead times are averaging twelve to fourteen weeks for residential meters. Meter manufacturers are prioritizing delivery of high-volume meter orders both with production and delivery timeframes. As a result, it is advantageous for Public Utilities to procure a larger number of meters to avoid delays in addressing both routine meter replacements and the upcoming conversion project. As such, additional funding is needed in the current fiscal year to support these objectives. Public Utilities is requesting the transfer and additional appropriation to ensure it can continue routine meter replacements for the remainder of the fiscal year. Additionally, in order to support the timely initiation of the planned water meter conversion effort with the start of the new fiscal year, Public Utilities requests that Capital Project #100685, "Water Meter Replacement Program," which was originally requested as part of the FY 2025-26 Proposed Capital Improvement Program, instead be established as part of the FY 2024- 25 Capital Improvement Program. ■ Considerations: The Department is not able to absorb the unexpected expense resulting from the emergency response to repair the sanitary sewer force main or to procure the additional meters needed to continue necessary aged meter replacements for the remainder of the fiscal year. Public Utilities is requesting a transfer of $800,000 from the Water and Sewer Enterprise Fund Regular Reserve for Contingencies to the Operations Division Operating Budget within the FY 2025 operating budget to support reimbursement of the emergency pump-and-haul operation and to support the meter purchase. The Department also requests Capital Project #100685, "Water Meter Replacement Program," be established and $2 million be appropriated from the net assets of the Water and Sewer Enterprise Fund to enable the department to pre-order meters so they will be delivered and available in the beginning of FY 2026. The funds included in the project in FY 2026 will be used to ensure that funding is available to order additional meters as necessary to support the uninterrupted continuation of the radio-read meter conversion initiative. The requested funds are available within the Water and Sewer Enterprise Fund to support these requests. Without transferring the requested funding, the Department may have to consider deferring important operational objectives in the current fiscal year to offset the additional unanticipated expenses incurred, and the meter conversion project will be delayed in implementation into the fall. ■ Recommendations: Adopt the attached ordinance. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Capital Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager:/V 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100685, "WATER METER REPLACEMENT 3 PROGRAM," TO APPROPRIATE $2,000,000 FROM 4 NET ASSETS IN THE WATER AND SEWER 5 ENTERPRISE FUND, AND TO TRANSFER $800,000 6 WITHIN THE WATER AND SEWER ENTERPRISE 7 FUND 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 1. Capital Project #100685 "Water Meter Replacement Program" is hereby 13 established in the FY2024-2025 Capital Improvement Program. 14 15 2. $2,000,000 is hereby appropriated from the net assets of the Water and Sewer 16 Enterprise Fund, with revenue increased accordingly, to Capital Project 17 #100685. 18 19 3. $800,000 is hereby transferred from the Water and Sewer Enterprise Fund 20 Regular Reserve for Contingencies to the FY 2024-2025 Operating Budget of 21 Public Utilities to offset costs related to emergency work. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4L-A"",akak&y - udget and anagement Services Ci torney's Office CA16869 R-1 April 3, 2025 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100685 Title:Water Meter Replacement Program Status:Proposed Category:Water Utility Department:PUBLIC UTILITIES Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 12,100,000 0 2,6 00,000 1,900,000 1,900,000 1,900,000 1,900,000 1,900,000 0 ScopeDescription and 'his project provides funding for the systematic replacement of aging,outdated water meters with new,more accurate,and technologically advanced meters hroughout the service area.The program will upgrade approximately 130,000 direct read water meters to radio read,enabling future integration with an advanced Metering Infrastructure(AMI)system. This project also includes the purchase and installation of meter transceiver units(MXU),meter boxes,and >ther necessary appurtenances for the operation of water meters. Purpose ,li e purpose o t e project is to upgracie aging,out ate erect rea water meters witn new meters t at a ow or remote water meter rea ings. Aging, >utdated water meters can lead to several issues including inaccurate readings,leaks,performance degradation,and inefficient water management. This >roject addresses these issues and will improve accuracy,reduce water loss,and enhance overall water management efficiency.This project directly supports he mission and goals for Public Utilities,to include providing safe and reliable water and wastewater services;investing responsibly to ensure infrastructure is eliable and resilient to meet current and future needs;safeguarding water resources and protecting public health and the environment;promoting trust within >ur community;and balancing capital investment needs with long-term affordability. History and Current Status his project first appeared in the FY 2025-26 CIP budget. Operating BudgetImpacts Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/25-06/31 12,100,000 Total Budgetary Cost Estimate: 12,100,000 Means of Financing Funding Subclass Amount Local Funding 12,100,000 Total Funding: 12,100,000 NO MAP REQUIRED CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the General Fund and to Authorize Loans to Two Volunteer Rescue Squads for the Purchase of Replacement Ambulances MEETING DATE: April 15, 2025 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own each ambulance providing 911 emergency medical transportation services in the City. The volunteer rescue squads do not receive any direct tax funding for their operating costs to provide these services and do not currently charge patients for medical treatment and/or transportation rendered. The primary source of revenue for volunteer rescue squads historically are individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. In addition to the support mentioned above, the City has historically provided short term, no-interest loans to the volunteer rescue squads. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item requests loans for two volunteer rescue squads to fund the purchase of replacement ambulances. The Plaza Volunteer Fire Company and Rescue Squad, Inc. (PVRS) is requesting an interest-free loan in the amount of $187,000 (50% of the purchase price) to replace an ambulance totaled in a training accident. The Chesapeake Beach Volunteer Fire and Rescue Department, Inc., (CBVRS) is requesting an interest- free loan in the amount of $425,000 to replace an ambulance that is nearing the end of its operational life. ■ Considerations: Both squads are requesting a seven-year repayment period for these loans. The proposed loan agreements include language similar to what was provided in the November 2024 ambulance loan approvals, which provides for loan forgiveness in the event no sustainable funding source is identified by July 1, 2030. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Loan Agreements (2), Promissory Notes (2), Letter from PVRS, PVRS Disclosure Form, Letter from CBVRS, and CBVRS Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager. 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE GENERAL FUND AND TO AUTHORIZE LOANS TO 3 TWO VOLUNTEER RESCUE SQUADS FOR THE 4 PURCHASE OF TWO REPLACEMENT AMBULANCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $187,000 is hereby appropriated from the fund balance of the General Fund 10 and an interest-free loan is hereby authorized for the Plaza Volunteer Fire 11 Company and Rescue Squad, Inc., for a portion of the purchase price of one 12 ambulance. 13 14 2) $425,000 is hereby appropriated from the fund balance of the General Fund 15 and an interest-free loan is hereby authorized for the Chesapeake Beach 16 Volunteer Fire and Rescue Department, Inc., for the purchase of one 17 ambulance. 18 19 3) This loan is to be repaid by each rescue squad pursuant to the terms of the 20 loan agreement and promissory note attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Vanagement Services QEWA ney s Office CA16868 R-1 April 2, 2025 Agreement between the City of Virginia Beach and the Plaza Volunteer Fire Company and Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA("CITY")and the Plaza Volunteer Fire Company and Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). The CITY and RESCUE SQUAD desire for such loan to be paid over a period of years with a mutual understanding that no revenue source is readily available for repayment by the RESCUE SQUAD.Provided that a source is not identified prior to July 1,2030,all payments upon the loan and NOTE shall be discharged and forgiven by the CITY. B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the,annual maintenance fee,in support of the vehicle(s)through the CITY's Division of Automotive Services,so long as the vehicle(s)remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date,and the EMS Chief may provide an extension not to exceed six months upon 1 a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. The CITY shall have the first right-of-refusal to purchase the vehicle(s) prior to the RESCUE SQUAD offering such vehicle to any other potential purchaser. If the CITY forgives the loan based on subsection A in"Responsibilities of the City,"the purchase price for the CITY shall be$0. In all other instances, the purchase by the CITY will be at the then fair market value to be negotiated by the RESCUE SQUAD and CITY subject to an offset if a portion of the loan remains outstanding. The CITY'S refusal, if any, shall be reduced to writing. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s),unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s),the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. PLAZA VOLUNTEER FIRE COMPANY AND CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 3 PROMISSORY NOTE $187,000.00 Virginia Beach,Virginia April , 2025 FOR VALUE RECEIVED, Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Maker") promises to pay, without offset,to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS AND ZERO CENTS ($187.000.00)together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before July 31, 2031 - $26,714.29 On or before July 31, 2032 - $26,714.29 On or before July 31,2033 - $26,714.29 On or before July 31, 2034 - $26,714.29 On or before July 31, 2035 - $26,714.29 On or before July 31, 2036 - $26,714.29 On or before July 31, 2037 - $26,714.26 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof,together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Plaza Volunteer Fire Company and Rescue Squad, Inc. (SEAL) Title: Date: PLAZA VOLUNTEER FIRE COMPANY & RESCUE SQUAD, INC. P.O. Box 2128 Virginia Beach,VA. 23450 March 3, 2025 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, VA 23456 Plaza Volunteer Fire Company & Rescue Squad, Inc., DBA Plaza Volunteer Rescue Squad, has placed an order with Fesco Emergency Sales to purchase a Horton ambulance to replace our ambulance 1624. This ambulance was involved in a training accident and totaled. The new ambulance is in the process of being built to ours and VB EMS specifications. We have an expected delivery date of approximately 18 months from the start of the build. I The ambulance will be paid for by Plaza Volunteer Rescue Squad from donations we have received from our community fund drives along with additional funds that we have set aside from other income. The purchase cost for this ambulance is $373,879. i The Board of Directors for Plaza Volunteer Fire Company & Rescue Squad, Inc. met on March 3, 2025. We discussed the matter of requesting a 0% interest loan from the City of Virginia Beach for 50%of the purchase price. Plaza Volunteer Rescue Squad is requesting a loan from the City of Virginia Beach for the amount of$187,000. We also are requesting a repayment plan for the period of seven (7)years from delivery of the ambulance. Please contact me with any questions or concerns regarding this request. Sincerely, Charles A. Crews Jr., MS.M, EMT President, Plaza Volunteer Fire Company & Rescue Squad, Inc. 3610 S. Plaza Trail Virginia Beach, VA 23452 (757)403-0815 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Plaza Volunteer Fire Company & Rescue Squad Indicate if you receive any of the following services, and if so, from whom: YES FNO SERVICE PROVIDER (use additional sheets if needed) Y Accounting and/or preparation of White & Associates CPA tax returns Financial Services (include bank Y institutions, lending institutions, Beach Municipal CU and current mortgage holders as applicable) N Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4P—U A S SIGNATURE Charles A. Crews jr. March 12, 2025 PRINT NAME DATE i i ,t M;'ey•on :lhp.. . ...'14 n- l`; I',:1 r:= :'1•.+M 1. :1 ,._i,:.. _.n rr .li,r •1.1., . .. ,\I.IA'f.t Ehin.n'.r i 1ldt` ."ICt.Ft.k..,G.:i'.I..I .. .. :'f1• `r '1I1 .II r. "11('l l'rc. rc 1... .. ii i Agreement between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc.,a Virginia non-stock corporation("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as deemed below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). The CITY and RESCUE SQUAD desire for such loan to be paid over a period of years with a mutual understanding that no revenue source is readily available for repayment by the RESCUE SQUAD.Provided that a source is not identified prior to July 1,2030,all payments upon the loan and NOTE shall be discharged and forgiven by the CITY. B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee,in support of the vehicle(s)through the CITY's Division of Automotive Services,so long as the vehicle(s)remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date,and the EMS Chief may provide an extension not to exceed six months upon 1 a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. The CITY shall have the first right-of-refusal to purchase the vehicle(s)prior to the RESCUE SQUAD offering such vehicle to any other potential purchaser. If the CITY forgives the loan based on subsection A in "Responsibilities of the City," the purchase price for the CITY shall be $0. In all other instances,the purchase by the CITY will be at the then fair market value to be negotiated by the RESCUE SQUAD and CITY subject to an offset if a portion of the loan remains outstanding. The CITY'S refusal, if any, shall be reduced to writing. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s),unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s),the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CHESAPEAKE BEACH VOLUNTEER FIRE AND CITY OF VIRGINIA BEACH RESCUE DEPARTMENT, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 3 PROMISSORY NOTE $425,000.00 Virginia Beach, Virginia April , 2025 FOR VALUE RECEIVED, Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("Maker")promises to pay,without offset,to the order of the City of Virginia Beach, ("Noteholder") at Municipal_Center, Virginia Beach, VA, or such other place as Noteholder may designate-in writing, the principal sum of FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($425.000.00)together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before July 31, 2031 - $60,714.29 On or before July 31, 2032 - $60,714.29 On or before July 31, 2033 - $60,714.29 On or before July 31, 2034- $60,714.29 On or before July 31, 2035 - $60,714.29 On or before July 31,2036 - $60,714.29 On or before July 31,2037 - $60,714.26 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Chesapeake Beach Volunteer Fire and Rescue Department, Inc. (SEAL) Title: Date: -` CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. ' P.O. Box 5674 Virginia Beach, VA 23471 757-385-7304 410 January 22, 2025 Virginia Beach City Council City Hall Building 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Members of the Virginia Beach City Council, On behalf of the Chesapeake Beach Volunteer Rescue Squad (CBVRS), I would like to extend our heartfelt gratitude for the unwavering support the City Council has consistently provided to our organization and other volunteer rescue squads in Virginia Beach. Your commitment to ensuring a well-equipped and operational emergency services fleet has been instrumental in our ability to serve the residents of our city effectively. I am writing to formally request a no-interest loan in the amount of$425,000 to cover 100% of the cost of replacing Ambulance 420, which is approaching the end of its operational life. The replacement of this essential vehicle is critical to maintaining our squad's readiness and ensuring the safety of our community. We respectfully propose that this loan be structured over a seven-year repayment period, allowing us to manage repayment responsibly while continuing to focus our resources on providing lifesaving services. As you are aware, CBVRS, like other volunteer squads, operates as a non-profit organization and relies heavily on community support, grants, and the City's partnership to maintain a fleet that meets operational and safety standards. The replacement of Ambulance 420 will enhance our ability to provide timely and reliable emergency medical care, a service that benefits every citizen of Virginia Beach. We are confident that with the City Council's continued support, we can uphold our shared commitment to the health and safety of our community. Once again, we deeply appreciate your dedication to supporting Virginia Beach's volunteer rescue squads. Your leadership and investment in emergency services are a testament to your commitment to the well-being of our residents. We look forward to continuing this invaluable partnership as we work together to provide the highest level of care to those in need. Thank you for considering this request. Sincerely, Michael McCracken EMS Captain Chesapeake Beach Volunteer Rescue Squad DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: CSVRS Indicate if you receive any of the following services, and if so, from whom: YES FN 0 SERVICE PROVIDER (use additional sheets if needed Accounting and/or preparation X of tax returns Cobin and Company Financial Services (include bank institutions, lending X institutions, and current Town Bank mortgage holders as applicable) X Legal Services CERTIFICATION; 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X -ArrTc—AN-rs SIG 3/16/2025 LAURA MCF--E 450 PRINT NAME DATE '.•,v6�uar.:Y•.6(.?;.O;.q;:rtersi:.•.5F;5t(:F1S.rJm;p'AOJ•CK(reSVC•P!;(�15S.Afi;kSUP?lI4 N.l.GRI f7.1Fk GMAt!AG!nSF.?IF;wpp!ir-..vxoily-tr•!:elaed•rns•ans.dhdowmsxrnet.loo: t;v1�7:;•t!tdn:t:>:;Ory z:.m[h!t:=F5U b1>Admh;IoD±.('.ktd;F.VC-RROCf$SRhF.A`•4U'PL[CR-/:;RFF(-0ENt 1•(.vtlNFt'RTy.Epp,rr:Yx;IIY-?^rrn?;trA-F.mt',cmrd;:closresatunnt-fi)Wb!c.pd! ro iV L� Si 4= k iJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,283,119 in General Fund Vacancy Savings to the Operating Accounts Within the Public Works FY 2024-25 Operating Budget MEETING DATE: April 15, 2025 ■ Background: On Wednesday, February 19, 2025, Virginia Beach experienced a major snowstorm with forecasted snowfall of up to 12 inches. Based on the forecast and the actual snow accumulation, the City announced modified operations starting on February 19 and concluding on February 21. Public Works crews started preparing roads in advance and continued to treat primary roadways during the snow event. To assist with these efforts, Public Works was able to execute two emergency contracts: Disaster Response Network and AshBritt. Due to the urgent need, Public Works utilized funds from its paving budget in the amount of $1,283,119. This amount equates to 10% of Public Works paving maintenance (mill and overlay) budgeted funds which equates to approximately 13 lane miles of paving maintenance. To replenish these funds and continue with the scheduled paving work, Public Works requests a transfer from its vacancy savings. Initial projections show that Public Works will have approximately $5 million in vacancy savings at the end of the fiscal year within its General Fund budget. ■ Considerations: While Virginia declared a state of emergency, the state could not meet the threshold to pursue federal reimbursement. The transfer is required to replenish funds in the paving budget in order for Public Works to continue working on needed paving maintenance. Funds for this transfer will be from vacancy savings within the Public Works General Fund Operating Budget. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: 0 1 AN ORDINANCE TO TRANSFER$1 ,283,119 IN GENERAL FUND 2 VACANCY SAVINGS TO THE OPERATING ACCOUNTS WITHIN 3 THE PUBLIC WORKS FY 2024-25 OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $1 ,283,119 is hereby transferred from salary accounts of the Public Works General 9 Fund to the operating accounts of the Public Works FY 2024-25 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City ttorney's Office CA16870 R-1 April 3, 2025 M. PLANNING 1. JOEL W. &WHITNEY C. JOHNSON for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at a parcel directly south of 2000 & 1992 Gum Bridge Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. BOULEVARD HOLDINGS, LLC for a Special Exception for Alternative Compliance re temporary commercial parking lot at 409 Virginia Beach Boulevard DISTRICT 5 RECOMMENDATION: APPROVAL 3. PATRICK A. BOWERS/ BOWERS & JONES PROPERTIES, LLC for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit A DISTRICT 5 RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-DENIAL 4. CRAIG &APRIL DEAN / CRAIG DEAN for a Conditional Use Permit re short term rental at 404 2111 Street, Unit C, DISTRICT 6 RECOMMENDATION: APPROVAL 5. CRAIG & APRIL DEAN / STEPHEN SIKSAY for a Conditional Use Permit re short term rental at 2003 Mediterranean Avenue, Units A, B1, & B2 DISTRICT 6 RECOMMENDATION: APPROVAL 6. Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO) re yards RECOMMENDATION: APPROVAL 7. Ordinance to DELETE City Code Section 8-31.1 re fences and walls RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 15, 2025 at 6:00 p.m. in the Council Chamber at City Hall,Building 1,2w Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completingthe two-step process below. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the tyro-step process provided below: 1. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on April 15,2025. 2. Download WebEx and view the meeting at: https://vbFov.webex.com/webl ink/reeiste r/r2c29 50b7O9O9a5lee9b3423d5ff4bf51 The following requests are scheduled to be heard: Joel W.&Whitney C.Johnson(Applicant&Property Owner) Subdivision Variance (4.4(b) of the Subdivision Regulations)Address: Parcel directly south of 2000& 1992 Gum Bridge Road GPIN:2411057939 City Council: District 2(Henley) Boulevard Holdings, LLC Property Owner: Boulevard Holdings, LLC Alternative Compliance Address: 409 Virginia Beach Boulevard GPIN: 2427068795 City Council:District 5(Wilson) Patrick A. Bowers Property Owner: Bowers & Jones Properties, LLC Conditional Use Permit (Short Term Rental) Address: 903 Pacific Avenue, Unit A GPIN: 24272444110960 City Council:District 5(Wilson) Craig&April Dean Property Owner:Craig Dean Conditional Use Permit(Short Term Rental)Address:404 21st Street, Unit C GPIN: 2427085169 City Council: District 6 (Remick) Craig&April Dean Property Owner: Stephen S.Siksay Conditional Use Permit (Short Term Rental) Address: 2003 Mediterranean Avenue, Unit A, B1, & B2 GPIN: 2417977800 City Council: District 6(Remick) City of Virginia Beach-An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to yards. City of Virginia Beach-An Ordinance to delete City Code Section 8-31.1 pertaining to fences and walls. Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc. For information call 757- 385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-APRIL 1,2025&APRIL 8,2025-1 TIME EACH 0 Q o G 1 umBridgRe ------ _-__ o _-------- AG2 a � o 0 0 AG2 0 0 00 � 0 AG�1 N Site Joel W. & Whitney C. Johnson W Property Polygons Parcel directly south of 2000 & S Zoning 1992 Gum Bridge Road Building Feet 0 4590 180 270 360 450 540 1A ro �s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOEL W. & WHITNEY C. JOHNSON [Applicants & Property Owners] Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for Lot Width) for the property located directly south of 2000 & 1992 Gum Bridge Road (GPIN 24110579390000). COUNCIL DISTRICT 2 (Henley) MEETING DATE: April 15, 2025 ■ Background: The subject property, Lot 11, was created by a partition plat recorded in 1971 to define the boundaries of land distributed by the last will and testament of J.T. Tatem. Since the partition plat was recorded without the review and approval of the Planning Department it did not constitute a valid subdivision of land per the City Code. As such a new plat must be put to record in accordance with the dimensional requirements of the current AG-1 and AG-2 Agricultural District zoning. Residential uses in the AG-1 and AG-2 districts require a minimum lot area of 1 acre and minimum lot width of 150 feet. Since the subject parcel has a lot width of 138 feet, a Subdivision Variance must be granted before a subdivision plat can be put to record. ■ Considerations: At the time the partition plat was recorded, the property was zoned A-R Agricultural Restricted which required a minimum lot size of 10,000 square feet and a minimum lot width of 100 feet. Had the partition plat been submitted to the Planning Department, the subject lot would have met these requirements with its 3.82-acre lot size and 138 feet of lot width. Several of the other lots involved in the 1971 partition plat, including Lots 1-5 and Lot 10, have been granted Subdivision Variances for their substandard lot widths. This section of Gum Bridge Road is also fronted by many single-family homes on lots that do not conform with the present lot width standards so this application should not adversely affect the character of the area. The applicant has agreed to a condition that would require any future dwelling to contain some architectural elements consistent with the recommendations in the Comprehensive Plan's Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side- loading garage. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Joel W. & Whitney C. Johnson Page 2 of 2 ■ Recommendation: On January 8, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1 . When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT 11, PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL" dated 11/24/2024, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 3. When developed the architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines under Section 1 .5 of the Comprehensive Plan. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Applicant & Property Owner: Joel W. & Whitney C. Johnson Planning Commission Public CouncilCity Project Details Request Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for Lot Width) JARVIS RD Staff Recommendation Approval Staff Planner Aubrey A.Trebilcock ° Location Q h Parcel directly south of 2000& 1992 Gum Bridge Road GPIN 24110579390000 Site Size GUM BRIDGE CT 3.82 acres AICUZ }� Less than 65 d6 DNL -- Watershed , Southern Rivers . f r ] Existing Land Use and Zoning District Cultivated field/AG-1 &AG-2 Agricultural ( , Surrounding Land Uses and Zoning Districts j North !� Gum Bridge Road Single-family Dwellings/AG-2 Agricultural South i Cultivated field/AG-1 &AG-2 Agricultural East Cultivated field /AG-1 &AG-2 Agricultural West Single-family Dwelling/AG-1&AG-2 Agricultural Joel W. &Whitney C. Johnson Agenda Item 3 page 1 of 11 Background SummaryofProposal • The subject property, known as Lot 11, was created by a partition plat (Map Book 85, Page 23) recorded in 1971 to define the boundaries of land distributed by the last will and testament of J.T. Tatem. • The partition plat was recorded without the benefit of a review by the Planning Department and does not contain the Planning Director's signature of approval. As such, the partition plat, while recorded, does not constitute a valid subdivision of land per the City Code. • At the time the partition plat was recorded, the property was zoned A-R Agricultural Restricted Zoning District. The requirements for residential construction in the A-R consisted of a minimum 10,000 square foot lot size and a 100-foot lot width. Had the partition plat been submitted to the Planning Department, the subject lot would have met these requirements with its 3.82acre lot size and 138 feet of lot width. • Since the lot was created without the benefit of a Planning Department approved plat, it is required to meet the Zoning Regulations currently in place. The current zoning is AG-1 and AG-2 Agricultural District, which require a minimum lot area of 1 acre and lot width of 150 feet for residential uses. The 138 feet of lot width does not meet the width requirement, creating the need for a Subdivision Variance to be granted before a plat can be put to record. Proposed Lot Required Lot Width Proposed Proposed Lot Area (feet) (feet) (acres) (acres) Lot 11 150 138* 1 3.86 HistoryZoning Map Key No. Request 1 CUP (Horse Boarding) Approved 08/09/1995 SVR (Variance to Lot Width) a z 2 Approved 03/19/2019 3 SVR(Variance to Lot Width) --- Approved 01/15/2019 a 3 4 SVR(Variance to Lot Width) Approved 02/04/2025 --4 r Joel W. & Whitney C. Johnson Agenda Item 3 page 2 of 11 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT:Alternative Compliance Evaluation • • , • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The 1971 partition plat divided a nearly 42-acre parcel, owned at the time by the J.T. Tatem Estate, into 11 parcels with lot sizes and widths that met the zoning requirements of the Agricultural Restricted District at the time. This partition plat was never approved by the Planning Department, and therefore, is not recognized as a legal subdivision. In order for the subject parcel, Lot 11, to be legalized, a subdivision plat must be put to record. The zoning district has since changed from A-R Agricultural Restricted Zoning District to AG-1 & AG-2 Agricultural District, which requires 150 feet of lot width rather than the 100 feet required under the A-R. A Subdivision Variance must be approved for the 138-foot width before a plat can be approved for recordation. Several of the other lots involved in the 1971 partition plat, Lots 1-5, were granted a Subdivision Variance in 2019 for their substandard lot widths. Lot 10 was granted a Subdivision Variance earlier this year in February for its lot width. These lots are called out in this Zoning History section of this report under Map Key Number 3. While these lots and Lot 11 were not reviewed by the Planning Department in 1971, they were designed to comply with the Zoning regulations of the time. This section of Gum Bridge Road is fronted by many single- family homes on lots that do not conform with the present lot width standards, so this application should not Joel W. & Whitney C. Johnson Agenda Item 3 page 3 of 11 adversely affect the character of the neighborhood.To further ensure preservation of the character of the "Rural Area" of the City, Staff also recommends a condition that requires the newly constructed dwelling to contain some elements of the architectural design that are consistent with the recommendations in the Comprehensive Plan's Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side-loading garage. Recommended Conditions 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT 11, PARTITION OF PROPERTY OF J.T.TATEM ESTATE, ET AL" dated 11/24/2024, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 3. When developed the architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines under Section 1.5 of the Comprehensive Plan. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Information The Comprehensive Plan recognizes this property as being within the "Rural Area" Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations.The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (p. 1.113 - 1.128) Joel W. & Whitney C. Johnson Agenda Item 3 page 4 of 11 ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Gum Bridge Road No Data Available 9,900 ADT 1(LOS° "D") Existing Land Use Z-0 ADT Proposed Land Use 3- 10 ADT 1 Average Daily Trips 'As defined by 3.86 'As defined by a 'LOS = Level of acres of cultivated single-family dwelling Service land Master Transportation Plan (MTP)and Capital Improvement Program (CIP) This portion of Gum Bridge Road is considered a two-lane rural roadway.There is no CIP project slated for this roadway. Active Transportation Plan Gum Bridge Road is not shown as having future proposed facilities under the Active Transportation Plan. ImpactsPublic Utility Water City water is not available. A private well must be approved by the Health Department. Sewer City sanitary sewer is not available. A private septic system must be approved by the Health Department. Joel W. & Whitney C. Johnson Agenda Item 3 page 5 of 11 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 26, 2025 and March 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on March 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, April 1, 2025 and April 8, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 31, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeacii.gov/city-council on April 11, 2025. Joel W. & Whitney C. Johnson Agenda Item 3 page 6 of 11 Lor Aws LEGEND LOl (90'R') I W') (So n).I �'�) ow O DENOTES STEEL PIN IN CONCRETE f LCf 11 186.113 1"0 2— O5 7935 O DENOTES SET PIN • DENOTES FOUND PIN OR PIPE (OT 11A a aw 17tl s4r r-aa — _...__....._. .. ..... __ DENOTES NO ACCESS IP/1Y fEl[81'[m01rm r,Ua! aa9s X NOT FOUND/NOT SET • tow 1%.413 l E.82(j fm4lj I 'APO..j No FRANCES GILWM E411-00 SOR rz S�r4sii/a MA 244.P.579) Er2ar0.W.IE� Q kTy M law74'E rr%u' GRANT WMO TRUST �`TP4 24H-01-7N50 a �411.05.7939 LOF'F!A01.B.85.P.23I 'x.W rEUF.M, Tara• s fawY4l M filum• IN9:;M'Y allrin l.YGIlp'D 99 L5T l N/F :N a MIR,sEw^OR 9/M d I VICTORIA R.4 CHASE A E16ENBERG N,1-05- a� LIN QN MIT 1024M1101N971 9 KS M.FOX uR.71e.nn �'�O auT��a 100 RR O 100 200 l00 Fr i00 TO®tT 1 pF GRAPHIC100•SCALE 1��nnlsmin fto9sa 1-- Alm LmvIFA9TONe W UV;MIGI EO 7YM NW ME R'SU30MSM 1 T W-G S CV T+$RAT G"'FTrW.R n4 W-'UUaE FECA M 3RAW, M H SLEI OF UtD W IS XCOW11MY ARPWOM. RY pa SU9 A°FROVIL T4[JDERSIDIE'D DO Va C[PFY AS TO'N_0]RWC11ESS a ME 9A:NYIC, STR[Q OR OTIIE?UN3 SDM4 ON TIItS=W. [XSW"X RaTS-Or-W,W[30115,OR O OTriN m c IV'p1BS NOT SN09N 01 M'S PX R[SNN N I=. ND w SOT FcR19 m OR 0 Ir TEEIrt tD IP a I Rt1N IIr.,Ru SUBDMSION OF ,ILOT 11 PARTMON OF PROPERTY OF P.MNNO URFCfOR.31Y 0=RACIW lFrLN,VNONR MIf J.T. TATEM ESTATE, ET AL 520 ,rwpV•2 (M.B. 05,P.23) 7�- DREC'OF OF P1BLG 1IORX[UIY CF VNGNa BFACN,Y Ia1 MLE r mcN VIRGINIA BGCB,VIRGMU 24 NOVEMBM 20P4 3 a'D'Iio: RC =Tow VNtI Rr.1011.rt 4.T.(:�:A%V[VT M1f SCALE: 1"- 100' SUM 2 OF 2 rF fe/P: D .� (�D D 024-124 o'Q C n rD N v O ;:p =- O (D O 'h Vf F1 O I� UJ O Site • • 116Vw d '3 a� Joel W. & Whitney C. Johnson Agenda Item 3 page 8 of 11 Disclosure CITY OF DisclosureVIRGINIA V BEACH Statement the disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Joel W.&Whitney C.Johnson is Applicant also the Owner of the subject property? Yes@ Noo Property Owner must complete SECTION 2 PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ No0 If yes,name Representative: R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy, P.C. s Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo@ If yes, list the nomes of all officers,directors members,or trustees below AND businesses that have a porent subsidiary'or affiliated business entity Z relationship with the applicant (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes,nurne proposed or pending purchas(,r: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes No 1f yes,name the official or employee,,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services ore being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE - YES NO SERVICE PROVIDER —] (Nome entity and/or individual Financing(mortgage,deeds of trust,.' O 1 Colonial Farm Credit.ACA cross-collateralizat ion,etc.) [Real Estate Broker/Agent/Realtor O O ' Disclosure Statement I rev M a y-202d page 1 of 3 Joel W. & Whitney C. Johnson Agenda Item 3 page 9 of 11 Disclosure SECTIONDISCLOSURE continued SERVICE YES NO SERVICE PROVinFR iunisng,Jta%Return Prep'vat,r,• 0 .hrtrttlDes�grrrrtlandscape Architrtt/Ut nd Planner 0 Construction Contra"or 0 I {Ra rt t rlSurvt yt.=»r' +ent �0O F-• F0)Land Surweyttag j t•,�il',xxr�Ces l'/ O P, Edwad Ek> *yc SYkfs. APPLICANT CERTIFICATION REW.I cerlltY mat 6.'r tn�tis''r�,ti +t t ittaiit s" 4+I th'#tarm;s complete,trio, ,^,^.0'C"t fofr I"adir"10"d t!.;' +pov receipt of rrori kai ar that the opoicaVOP has been s hrd ulyd fcx ciut.t "-,cw rtp, am+rs ta,,bh,.`., ljodurrnq the i+?hxrmat:ps prta^*d hervn thret weeks prror to thr mr tf'iq.fir ftnn rrP C"vtrkR?aa3rix° ("p (oune'r', V80A,(SPA, Wr00ndS Board or onY Pubtir body ar Crs r:e»ttre rn(rv> r r,,f with tkaS app)rani.. Joel W.,to-non d Wtdtr" Applicant Naar(Prtatr) App1 n#So$na#tier Date t FOR CITY USE ONLY: Nu charges as at,datrl March 27,2025 _. AubreyTrebilcock 03/27/202- page 1 Joel W. & Whitney C. Johnson Agenda Item 3 page 10 of 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Joel W. & Whitney C. Johnson Agenda Item 3 page 11 of 11 Virginia Beach Planning Commission March 13, 2025 Public Meeting Item #3 JOEL W. & WHITNEY C. JOHNSON Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr.Coston: Thank you,sir. Our next item is item three,Joel W.&Whitney C.Johnson,Property Owners. Mr. Bourdon: Thank you Mr. Coston, Madam Chair, Members of the commission, Eddie Bourdon, Virginia Beach Attorney representing Joel and Whitney Johnson. All three conditions as recommended by staff are acceptable. I thank Aubrey, but he's not here. So, thank you, Marchelle, for presenting to the commission this morning and we appreciate being on the consent agenda. Thank you. Mr.Coston: Thank you. Thank you, sir. Is there any opposition to this item being placed on the consent agenda? Hearing none, we've asked Commissioner Cromwell to read this item into the record. Mr. Cromwell: The partition plat was recorded without the benefit of a review by the planning department and does not contain the planning director's signature of approval. As such, the partition plat while recorded, does not constitute a valid subdivision of land per city code. Since the lot was created without the benefit of the planning department approved plat, it is required to meet the zoning regulations currently in place. The current zoning is AG-1 and AG-2 agricultural district,which require a minimum lot area of one acre and lot width of 150 feet for residential uses. The 138 feet of lot width does not meet with requirement, creating the need for a subdivision variance to be granted before the plat can be put to record. Hearing no opposition to this application, I move for approval. Mr.Coston: Planning commission places the following applications on the consent agenda,Items #1, 2, 3, and 5. Ms. Cuellar: Thank you. Do I have a motion to approve the consent agenda as read by the vice- chair? Mr. Coston: I approve that they approved. Ms. Cuellar: Is there a second? Ms. Byler: I second that. Ms. Cuellar: Motion by Commissioner Coston, seconded by Commissioner Byler. Is there any commissioners abstaining on this items on the consent agenda? Mr.Plumlee: I'm abstaining from 45 for the reason set forth a letter with the city attorney. Ms. Cuellar: Is there any other discussion on the consent agenda? Mr. Camp: Madam Chair, I cast the voice vote in favor of the consent agenda. Ms. Cuellar: Thank you very much, Commissioner Camp. Madam Clerk: By a recorded vote of 11 to 0 with one abstention on item #5, Commissioner Plumlee, let me rephrase that. By recorded vote of 11 to 0 with one abstention on item #5 from Commissioner Plumlee, Items#1, 2, 3, and 5 have been recommended for approval by consent. Mr. Alcaraz: Sorry, Madam Chair, can I get the explanation on 11 to 0? I'm not following the numbers. Sorry. Ms. Cuellar: Commissioner Plumlee is only abstaining from#5. So that's what I heard from the clerk that she accounted for both votes. Well, for all the votes. Mr. Alcaraz: Thank you. Ms. Cuellar: You're welcome. If you have an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda. Thank you for your participation. You may remain at the meeting or you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT 11, PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL" dated 11/24/2024, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 3. When developed the architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines under Section 1.5 of the Comprehensive Plan. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OR OR �evard � OR � each you � v� • -- rg�r►�a u iVila Be O�R 03 Q �, OR o ,(D street Al2 Al2 cv t eet- ,s R N ® site Boulevard Holdings, LLC W E Property Polygons 409 Virginia Beach Boulevard S ® Zoning Building Feet 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BOULEVARD HOLDINGS, LLC [Applicant] BOULEVARD HOLDINGS, LLC [Property Owner] Special Exception for Alternative Compliance (To construct a temporary commercial parking lot) for the property located at 409 Virginia Beach Boulevard (GPIN 24270687950000). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: April 15, 2025 ■ Background: The applicant is seeking to construct a temporary commercial parking lot at 409 Virginia Beach Boulevard. The property is within the Oceanfront Resort (OR) district, the Short Term Rental Overlay, and the ViBe District Overlay. Although temporary commercial parking lots are permitted in certain areas of the ViBe District, this parcel is outside of the boundary for temporary commercial parking lots as established in Section 5.3.7 of the OR Form-Based Code. The proposed parking lot will be a gravel surface and contains 11 spaces, accessed through an automated gate. Since the parking lot is intended to be temporary, Staff is recommending the approval be limited to a period of five (5) years. ■ Considerations: Although the proposed use does not directly contribute to the long-term goals of the ViBe District and this portion of Virginia Beach Boulevard, the temporary use as a parking lot would help address the current parking shortage in the area. The ViBe District Board of Directors provided a letter of support for the application, recognizing the parking shortage in the area which will worsen during the construction of the 17th Street Capital Improvement Project. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On March 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0 with 1 abstention. Boulevard Holdings Page 2 of 2 1. The Alternative Compliance approval is valid for five (5) years from the date of City Council approval. Any requests to extend the use beyond five (5) years shall require the approval of a new request from the City Council. 2. The applicant will acquire the necessary parking lot permits with the Planning Department and Public Works Parking Management prior to beginning operation of the parking lot. All required permits shall be kept in good standing and renewed through the standards set forth by Parking Management and the Planning Department. 3. The applicant will provide a minimum of five bicycle parking spaces through the placement of a bicycle rack within a pedestrian accessible part of the property or at an alternative location along 17th Street as agreed upon by the applicant and staff. 4. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. 5. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 6. The applicant shall submit a detail of any gate, fencing, light fixtures, or any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 7. The site shall be in substantial conformance with the submitted conceptual site plan and landscaping exhibit titled "VBB Parking; Alternative Compliance Exhibit' as prepared by WPL and dated February 27, 2025. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DepartmenVAgency: Planning Department:, t l` City Manager: Agenda Applicant & Property • Boulevard Holdings, Planning Commission Public • CouncilCity • Project Details Request Alternative Compliance (Temporary commercial parking lot) nµO 22NOSS s 2,SS `F "A 2'st S'V r p Staff Recommendation 20TM"AO S zuTM SS Approval SS Staff Planner yr � � m n Laine Harrington '•S"SS 'm Location 409 Virginia Beach Boulevard ��"SS ,STMSS GPIN ,STM SS 24270687950000 AD m "TM 5S Site Size 8,183.31 square feet m "TMHS`S AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean � Existing Land Use and Zoning District ti Vacant lot/OR Oceanfront Resort v Surrounding Land Uses and Zoning Districts . y� North Virginia Beach Blvd,Vacant lot, Eating and drinking establishment /OR Oceanfront Resort South Dwellings, Single-Family and Duplex/A-12 Apartment Fast Automobile repair garage/OR Oceanfront Resort West Automobile repair garage/OR Oceanfront Resort Boulevard Holding, LLC Agenda Item 5 page 1 of 12 Background SummaryofProposal • The applicant, Boulevard Holdings LLC, is seeking to construct a temporary commercial parking lot at 409 Virginia Beach Boulevard. The location is within the Oceanfront Resort District, the Short Term Rental Overlay, and the ViBe District Overlay. • The lot is currently a vacant, undeveloped lot. • The proposed parking lot will consist of 11 parking spaces, accessed through an automated gate which will open once a patron pays to park in the lot. The lot is intended for beach goers and shoppers seeking parking within this area of the Oceanfront. • The proposed lot is to be gravel with parking curb stops. While the use of gravel has been approved by the Planning Director, the use of railroad ties or other similar curb stop alternatives shall not be used as a replacement for traditional concrete curb stops. • As required by the Oceanfront Resort District Form Based Code, a 15-foot Category IV landscape buffer will be installed along the southern property line adjacent to the protected district (A-12, residentially developed) to the south. • To provide an additional buffer from the protected district to the south, a solid, vinyl fence, 6 feet in height, is to be erected along the southern property line.The applicant does not intend to install a fence on the eastern property line as it borders a parking lot and building facade. • A standard commercial entrance, as required by the Public Works Design Standards Manual (PWDSM), was not possible given the narrow width of the parcel. The applicant worked closely with the Department of Public Works, on the entrance design and while the ultimate dimensions do not adhere to the requirements for a commercial entrance as established in the PWDSM, namely the 13-foot entrance radii instead of the required 15-foot radii, the proposed entrance geometry is the best design possible given the lot width constraint. • [strikethrough] if appFeved, Come- [end strikethrough] Boulevard Holding, LLC Agenda Item 5 page 2 of 12 Zoning • Map Key No. Request �1 tti S '� OR CUP(Craft Distillery) Approved = 1 OR 03/17/2025 2 CUP (Short Term Rental)Approved 06/09/2020 NON (Enlargement of a non- conforming use)Approved 1 OR 3 08/08/2006 J t n NON (Enlargement of a non- �^ conforming use)Approved 05/08/2012 y 1 Ail REZ (A-1 to B-4) Approved 2 " Y� 4 11/22/1985 CUP (Automobile Museum) '12 =- _ RSS 5 Approved 12/07/2010 Application Types CUP: Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON:Nonconforming Use LUP:Land Use Plan CRZ:Conditional Rezoning STC.Street Closure STR:Short Term Rental MDC. Modification of FVR: Floodplain Variance Conditions ALT-Alternative Compliance Evaluation - • • • The following standards are outlined to assess the extent to which the proposed development meets the intent of the Alternative Compliance application type set forth by the Oceanfront Resort Form-based Code (Sec. 7.3.3). 1. Promotes modes of transportation other than the automobile, including walking, biking, and transit. This development would encourage automobile use in the area, as the use is solely for patrons to park their car. 2. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. This development does not include or promote pedestrian-oriented activities, although it does provide opportunity for patrons to walk to other parts of the Oceanfront area after parking their car. Boulevard Holding, LLC Agenda Item 5 page 3 of 12 3. Contributes to a mix of uses in the area that are compatible with each other and work together to create memorable and successful place. This development would attempt to provide temporary assistance towards the parking availability in the Oceanfront Resort area. 4. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Section 2.1 of this code. This property is located on a shopping frontage, which are intended to be the most walkable places in the Resort Area. The focus of the shopping frontage is on pedestrian movement and activity, with the inclusion of mixed-use buildings. This temporary use will not contribute to the intention set forth in the code for this street frontage. 5. The Alternative Compliance is physically and functionally integrated with the built environment in which it is located. The proposed development will have the required landscaping and buffering standards, helping to protect the surrounding neighborhood from the impacts of parking lots. 6. The Alternative Compliance advances the goals and objectives of the parking strategy for the district (See Section 6.2 of the Form-based Code). The purpose of this development is to provide an additional parking option for visitors in the Oceanfront Resort area. This is not the long-term desire of the applicant for this property. The property lies within the ViBe District Overlay, an area of Virginia Beach dedicated to economic growth through the promotion of artistic and cultural businesses/events.The ViBe is a home for artists, museums, restaurants, creative businesses, and more. Although the ViBe District Overlay does permit temporary commercial parking lots (with up to two (2) one-year extensions granted until December 31, 2026), this site lies within an area in which temporary commercial parking lots are restricted as stated in Section 5.3.7 of the Oceanfront Resort Form-based Code. More specifically, temporary commercial parking lots are not permitted south of Virginia Beach Boulevard/171h Street, where this property is located. Although the site layout and parking lot design does not comply with the required Public Works Design Standards, it has been confirmed the current site layout is the most compliant design possible for this property and the proposed use given the narrow lot width. Although the proposed use does not assist with the long- term goals for the ViBe District, staff believes and the ViBe District Board Members agree that the temporary use of the site as a parking lot would contribute to the current needs of the area for parking and tourism. Boulevard Holding, LLC Agenda Item 5 page 4 of 12 Recommended Conditions 1. The Alternative Compliance approval is valid for [strikethrough]thFee-(3) [end strikethrough] five 5 years from the date of [strikethrough] eempletieR of the paFkiRg [end strikethrough] City Council approval. Any requests to extend the use beyond [strikethrough]thFee-(3) [end strikethrough] five 5 years shall require the approval of a new request from the City Council. 2. The applicant will acquire the necessary parking lot permits with the Planning Department and Public Works Parking Management prior to beginning operation of the parking lot. All required permits shall be kept in good standing and renewed through the standards set forth by Parking Management and the Planning Department. 3. The applicant will provide a minimum of five bicycle parking spaces through the placement of a bicycle rack within a pedestrian accessible part of the property or at an alternative location along 17th Street as agreed upon by the applicant and staff. 4. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. 5. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 6. The applicant shall submit a detail of any gate, fencing, light fixtures, or any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 7. The site shall be in substantial conformance with the submitted conceptual site plan and landscaping exhibit titled "VBB Parking; Alternative Compliance Exhibit" as prepared by WPL, and dated February 27, 2025. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Boulevard Holding, LLC Agenda Item 5 page 5 of 12 Comprehensive Plan Information The Comprehensive Plan identifies this site to be within the Resort SGA, where priorities are geared towards impactful projects that support diverse uses, multiple modes of transportation, and compatible urban infill projects. In the ViBe District Connectivity Plan, there is a "decent sidewalk" currently along the proposed project (p. 4) and there is a long-term vision for a sidewalk of 8 feet or greater and space for on-street bicycle facilities, as 17th Street/Virginia Beach Boulevard is an east/west corridor(p. 6). The 17th Street Improvements Phase 1 CIP will address the proposed transportation improvements stated in the Connectivity Plan. Per Section 5.3.7(A)(2) of the Oceanfront Resort Form-based Code, "temporary commercial parking lots are not permitted south of Virginia Beach Blvd/17th Street, west of Pacific Ave, and north of 141h Street. This parcel is located south of Virginia Beach Blvd, west of Pacific Ave, and north of 14th Street.The parcel is on a "Shopping Frontage" which is "intended for the most walkable places in the Resort Area, with a focus on pedestrian movement and activity. In the Oceanfront Resort District Design Guidelines, goal #7 is to "reduce the amount and impact of on-site surface parking along streets and walkways" (p. 3) ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traft Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-0 ADT Virginia Beach Blvd 0 ADT' 0 ADT 1(LOS 4"D") Proposed Land Use a-0 ADT 1 Average Daily Trips 'As defined by a 'As defined by a 4LOS= Level of Vacant Lot Parking Lot Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Virginia Beach Blvd in the vicinity of this site is a four-lane undivided minor urban arterial. Virginia Beach Blvd. has a variable width right-of-way.The 17th Street Improvements-Phase I CIP project will improve 17th Street from Cypress Avenue to Pacific Avenue and provides essential connectivity and improved aesthetics for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wide sidewalks, street trees, bicycle lanes, traffic signals, curb and gutter, and four lanes of traffic. Associated utility and accessibility upgrades including undergrounding of overhead utilities, new storm, sewer, and water infrastructure, improved crosswalks, and curb ramps will be implemented.This project is currently in the final design phase and is scheduled to begin construction in 2025. It should be understood that the construction Boulevard Holding, LLC Agenda Item 5 page 6 of 12 plans show that the project includes complete block-by-block closures of 171h Street during the first phase of construction. Active Transportation Plan The Active Transportation Plan identifies this portion of Virginia Beach Boulevard as being a Core City Network (p. 45). This route is intended to provide a safe, comfortable experience between the City's most significant destinations. These corridors are often the most direct routes between destinations, and where walking and bicycling can be the most treacherous (p. 42). Public Utility Impacts There are no anticipated public utility impacts with this application. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 10, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 26, 2025 and March 5, 2025. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on March 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, April 1, 2025 and April 8, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 31, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 11, 2025. Boulevard Holding, LLC Agenda Item 5 page 7 of 12 U V1 N J E - J � tu0 V O c — 00 to _ t Q � Q lu L QI 1 it q _ J 'iTSOUD 4 si VINYL FENCE i! O I I I V I I m 3 -GTEGORYIVBf/FFER - �• II" SITE-STATISTICS < 1 •'.'. I , I�. RRUPERIIDMR I": M ANG NIA 61ACN RWU I I r�. I� LPIN tot TUti6riSW00 I` IOT6 MN ROOK 1.PACE 20 1 I' -----�;;---J— -t 101N.1'IU IUY MLA 21000 SQUMt ltt. 0"161 ACRFS OROLkANIRR+l RWRI 1 .F r 11 ADJACENT ZONING. 00.NEST I I m 1 t y OR EAST - ----'-- ON NUIIIH PROPOSED A 12 SOUTH GRAVEL PARKING AK.U—ARALIMIKS'. NV CRASH I'V 1 w I IAL LVNt -- Q I 4— — Q_�(XI' bS-TU661CNNOOLLUNL IT AUTOMATED GATE wNirE wNn ` Q Q I ti I 1 i P/CKETFENCE If� GRAPHIC SCALC VIRGINIA BEACH BL VD. VAR/ABLE WID THI7IGHT-0E--WAY • '' -" -- Rlao' -Ran- --, FORMERLYNORTHCAROL/NA AVENUE MAP BOOK 1,PAGE?OB R 6 PIOT VATF:Fvb—,27.202S PLAN STATUS:CONCEPT PLAN -•••:�++•.�+••--ter t x, Site Photos Boulevard Holding, LLC Agenda Item 5 page 9 of 12 Disclosure Statement CITY OF VIRGINIA V • Disclosure-B BEACH Statement confoined Pn this lafriv are neceSsaty w inform public officials who May rWlv uo ;he application as to whether they have 0 conflict Of MtereV under Voiji? kw Completion and submisston, of this form is requreef for ofl apphc artom thol pe,1afn to City real esro,,! , ,!rers at to the deveiviriment onolof use I#property in the Ciry of Virgmto Beach r i:�qwrina ortion by tt ', Cwnril, boof ds, comm,;1zimn, or SECTION 1: APPLICANT DISCLOSURE APPLICANI INFORMAT ON Applicant Name: Boulevard Holmirigs, LLC a Virginia limited liability company 15 Applicant also the Owner of the subject property? Yes(+)Noo ' CW Does Applicant have a Representative?Yes( )No© R Edward Bourdon, Jr Esq Sykes, Bourdon,Ahern& Levy P.0 Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes(Y)Noo fit neces-, Wrnbers ORP Ventures,LLC(Manag#V Meniber; Steven IN Bistiard&John K Bishard Members. Apt LLC(Member.krliohapl J Stand°nq Jr — No Does the subject property have a proposed or pending purchaser? Yes KNOWN INTEREST BY PUBLIC OFFICIA1 OR EMPLOYEE Does an official or employee of the City of Virginia Beach have anlinte eat the subject land or any proposed development contingent on the subject public action? YesZO� No in Wachae - Slarding, i 1,1ernberrif,,,c,Virginia Beach Development Auftnty APPLICANT SERVICES DISCLOSURE READ: SERVICE YES NO SERVICE-0lCdVIDW-- (Name entity and/or i'!qrV-04a91Q Financing Imortgage,deeds of trust, cross collaterafliation,etc.) 0 e Real Estate BtRk�/A eTitlRealtor -0 e I Dikloture Statement I rev May-2024 page I of 3 Boulevard Holding, LLC Agenda Item 5 page 10 of 12 Disclosure DISCLOSURE continued .�� SE12 CE YES NO SERVICE PROVIDER Name entity ondlor kt&vtdw:�, Acccoun! Tax Return Pre atvion Q LJ i Archibec Designer/Landscape O n Architect/Land Planner (:1 Construction Contracts. 0 @ i R En IneerlSvrvt rtrt (F) 0 wPL Legal Scn'ie@s 01 0 R Ed"rd BoWd ll k W Harry R Purley Jt APPLICANT CERTIFICATION READ: ic:+rt*: ria"rnPF(Itrrl O to s"PS I`Q''T'+,i. true,and cc, rt:..r7 ti rtr • i`:"Inc Cppfocor,° 'i rovc!!3emn tr'6 tki atr5t CL=C; e '�IrrFtsrrf U`f.r, .'-An"�rzit r_+�V Of artt-t?t; 1, ,rn.+4.. ..A..«.+,:•,;.,rl '{1G;F/'i n,.:,.. a ' .,+jd�stQticSg. Stew W Bishard ;; 10126=4 AppLica r1 Namp{Print) Apohcant Signatute Daft f'f erer+t-iut: -•'r�r rrtr7tr`tvt§hip''rit4tn,5"�rCrOf+Y?•rrshp ttiii't FX+SLS K't+ett G.'ie'CCfif?,3*rr]CiLti d:rr>t+y'Szv +nd;rrrt(y r=,,, Armes posscss+ag rroff thayr 50 pertent ref thr vatrrrg power of ampthe rorp ra+orr Srr 5tzr 000 Lotai Gaverrrmer«r Ccnftitr Of ft+tt.-rits Arf. VA Cute§2.2 3103 "AIfflhated f7imn.'4-fritty rr)atiOnSOV"means 0 refd'ioorshig otherthar ppfen'-3absiownlo reitlrturnhip, that exab whefl(I)(,•.rte•'_••a, t.5t entity has 0 tr0(Nrfr7 JwWeshiA toreresr in'trr ut.tm'r nv:p,,rsS vntrry,(q 47 rdntraNng cane, w d©1sc c cartrWxng awner rn thr otter c-ri,k �w(uti there is shared Ma'ratjer*!!At rx,r.rr-,t' :+r I% , ..n!*r e'.&Ress enttrft )offors Mat Sfr3Y1de br ror'sWerfv in dete't`'t of 'nt; the exrste+xe !a;r a►,taF+vte +rtr%s rntity")kytionship iAb%de that the sa-,m-persor ar.&u1ntc7a,&!y ttac s(rmc Pt'rSaR own rr monogf the two lnritifs,tied°Orr Common of rernrrt;'44h-fo,ndi 4r f sset3;Iris bt,-V!ess enrif4s share the use of thr fume Of fires or er'.;).t2pees at tariwFwiw'Awr airrir.i.oe reic.J.'Ces er permneim nr,a'BritA r boa's,or Tatra is att:+rwnr e a claw 4arkinq;t taitaP:a'e Ltc tsvee,n ttte enriams.`ser FOR CI-Y USE ONLY: No changes as of(dat•): 3t2812025 Laine Harrington •, 3; 8F2d25 Staff Marne(Prurrt) Staff Signatµre date Dkdosure Statement rer* hisy-ia24 Page 3 rf 3 Boulevard Holding, LLC Agenda Item 5 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Boulevard Holding, LLC Agenda Item 5 page 12 of 12 Virginia Beach Planning Commission March 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Item #5 BOULEVARD HOLDINGS, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Our next item on the agenda is Boulevard Holdings, LLC. Mr. Bourdon: Thank you Mr. Coston. Madam Chair. I have a, it's a little out of order. I hope you'll gimme a little leeway. First of all, I want to thank Laine Harrington. My clients have been doing the interface on this,and what I want to discuss very briefly, is Condition#3. Condition#3, that we,and my clients provide a bike rack for five bikes. The placement of that bike rack would be outside of the fenced area in front of the property. On either side of us are two auto repair facilities. There's no restaurant in close proximity. We won't have someone there when someone throws it out in the sidewalk or throws it out in the street in the middle of the night or whatever. We don't believe that the people parking their cars there are going to utilize the bike rack. I would propose, and I think staff would be agreeable to this,that because a condition says on the property that it'd be, we're happy to provide a bike rack, and happy to provide it to any establishment west of Pacific Avenue and east of Mediterranean Avenue where there are restaurants, and other uses that especially with the loss of parking during the,well, that's getting really into the parking lot. But there are places where we can provide a bike rack that will actually be used and looked after, which will not be the case at a parking lot, and not with their, if there was a restaurant on either side of us or some other establishment where people would, you know, even go shop potentially, but the first block is, there's an opportunity. I represented the folks who redeveloped that block and they,I'm sure they'd be more than happy to take a bike rack in there. They have a little parking lot that's back behind the buildings,and I'm sure there are other businesses along 17t'Street in that four block area that would like to have a bike rack. But putting it here, between two car repair facilities, and a parking lot, I don't know how it'll get used,and we didn't want it to become a target of vandalism and not,you know, and be a nuisance. So, it's not against having a bike rack, it's a bike rack at a parking lot. Doesn't seem to be a wise place to put it. But that's, I'll leave that up to you all. We're happy to agree to a condition within those blocks that we work with staff to see if we can find a better place for the bike rack. Thank you. Mr. Coston: Thank you, sir. Staff,would you have any comments on that before we deliberate? Ms. Alcock: I will defer to our city attorney, but I'm not sure we can with this application condition placement of a bike rack at another location. Ms.Eisenberg: Yes,the condition needs to be with respect to the property that's before you. The applicant can certainly tell you that that's their intent, but insofar as if a condition's going to be enforceable, it would need to be on the subject site. Mr.Bourdon: Well, what I'm asking is that the condition be modified to say, and I'll read it. At the end of the property or in a location along 17'h Street,that is more likely to be utilized between Pacific Avenue and Mediterranean Avenue to be agreed upon by city staff. So, we're not saying we won't put it on the property, but we would like to have the option to put it in a better location. I don't think that's violative of any legal issues. In other words, if we can't agree, and I know of some folks who I think would be very happy to have the bike rack,and my client's perfectly willing to provide it. They just don't think that, and I agree with them, that this is the best location for a bike rack. Ms. Eisenberg: I think as long as there's that caveat of or on the property that, that would be an enforceable condition. We just, I mean the Planning Commission can't condition a site that's not before it,but you could allow for a condition that if an agreed upon placement is decided that that would essentially meet the condition, and if not, it would have to be on site. Mr.Bourdon: The owner of the site that we would put it would have to be in agreement with it, and we can have a written agreement that they'd be, you know, more than willing to accept the bike rack and maintain the bike rack on their property. Thank you. Mr. Coston: Thank you. Is there any discussion amongst the Planning Commission? Ms. Byler: I do have concerns with this, and perhaps the city attorney can address it, but my understanding when we approve a conditional use permit,it runs with the land. If we're approving something that isn't on the site,it won't run with the land. I don't know,after the first month if the bike rack gets taken down where we would be at that point. Mr. Bourdon: Well, first of all, it's a temporary conditional use permit. It's only for five years. Okay? And that means the bike rack goes away in five years. The agreement that we would believe we can work out with another more appropriate site owner is that they would maintain it on their property and city verify that it's maintained there. If they don't maintain it, then we can always move it back here. But we'd be responsible for making sure that the bike rack, at least for the term of this use permit exists on this property, or a better location along the four blocks stretch of 17a' Street. Because that's what the condition says, we have to maintain it, and they have to be in agreement with where it would be if it's not on the site. Again, this is not an in perpetuity deal, this is temporary all the way along. We certainly, we hope that we are able to assemble this property with the properties on either side of us and actually have something that fits for that area. Like it's supposed to not auto repair places. That's why this is a temporary permit. If that, if that be the case,then we'll want to have a bike rack. But having a bike rack in front of a parking lot doesn't, it's not close to the beach. It's not close to a business on either side of us that somebody's going to park their bike and go to in all likelihood. So,we're just,we're not,we're all for intermodal,you know,multimodal,excuse me,transportation options,but putting a bike rack in front of a parking lot just doesn't seem to be one that's going to get utilized in my view and in my client's view. That's all. Ms. Byler: Thank you, Mr. Bourdon. I'm still not completely comfortable with it, but, and I disagree with your premise just FYI that it won't get used because I take a bike to the boardwalk and to the resort area all the time, and the bike racks are all full. So the bikes get chained up against the boardwalk fencing there and to light post and all over. So, if it's anywhere in the resort area, I present,it will be used. Mr.Bourdon: As someone who's lived in Croatan for 30 years and we ride our bikes to the beach, and to all the restaurants, and other places all of the time. Unless the city precludes people from parking their bikes on the boardwalk adjacent to the rail, I would suggest to you that, it's people going to the beach are not going to ride their bike to Arctic and 17' Street, and put it in a bike rack,and then walk to the beach. That's just for somebody who's lived here his entire life,and has lifeguarded the beach growing up and it just, this is not a location that somebody's going to ride their bike to and walk to the beach. Ms.Byler: Madam Chair, it sounds like we're having a hearing instead of a consent agenda item. So, I'm not sure where you are on this. Mr. Bourdon: I'll sit. Thank you. Mr. Coston: I understand we have comments from Commissioner Camp. Mr.Camp: Just a clarification as a form of alternate compliance,would it be permissible instead of dealing with another private property owner for the applicant to procure and dedicate a bike rack on acceptable public property for the benefit of the city and the public in a nearby location? If so,perhaps that's a work out here. Mr.Coston: Well, I was trying to see if, if that would be permissible. Mr. Alcaraz: I was going to ask the same thing that if we can approve it with the condition that the applicant provide a bike rack,but it'd be approved for an offsite location. Ms. Bookholt: I was going to add that we have not evaluated putting a bike rack in the ride of way. I wouldn't say that it's not an option. I think if the condition is written that they either provide onsite or at an alternative location approved by staff, then we can be covered. So, whether that's in the right of way or at an adjacent business, if that bike rack ceased to exist, it will have to exist onsite. So having both listed in the condition covers us. Mr.Alcaraz: Mr. Bourdon. So I'll do is, I'll make a motion that we approve it as stated with the exception of condition three that we request an approved location for another for the bike rack, or on site. Mr. Bourdon: I think you can leave condition three as it's worded, and just add on the end, or a suitable location acceptable to city staff in that. We can go from the boardwalk to Mediterranean, giving it to the city or putting it somewhere the city wants is exactly what we,we would rather see rather than putting it here, which we just don't think it's gonna get utilized, and it'll be a target of, we think of vandalism. So,thank you. Mr.Alcaraz: Alright, that was my motion. Ms. Byler: Second. Mr. Coston: Is there any objection to this item being placed on the consent agenda? Mr.Alcaraz: Yeah,just as revised what I stated though. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda, Items#1, 2, 3, and 5. Ms.Cuellar: Thank you. Do I have a motion to approve the consent agenda as read by the vice- chair? Mr. Coston: 1 move that they be approved. Ms. Cuellar: With the modification? Mr. Coston: With the modification to Item#3. Ms. Cuellar: Is there a second? Ms.Byler: I second that. Mr.Alcaraz: Item#5? Mr.Coston: Yeah. Ms. Cuellar: Motion by Commissioner Coston, seconded by Commissioner Byler. Is there any commissioners abstaining on thess items on the consent agenda? Mr. Plumlee: I'm abstaining from Item#5 for the reason set forth a letter with the city attorney. Ms. Cuellar: Is there any other discussion on the consent agenda? Mr. Camp: Madam Chair, I cast the voice vote in favor of the consent agenda. Ms.Cuellar: Thank you very much,Commissioner Camp. Madam Clerk: By a recorded vote of 11 to 0 with one abstention on item #5, Commissioner Plumlee, let me rephrase that. By recorded vote of 11 to 0 with one abstention on item#5 from Commissioner Plumlee, Items#1, 2, 3, and 5 have been recommended for approval by consent. Mr. Alcaraz: Sorry, Madam Chair, can I get the explanation on 11 to 0? I'm not following the numbers. Sorry. Ms. Cuellar: Commissioner Plumlee is only abstaining from#5. So that's what I heard from the clerk that she accounted for both votes. Well, for all the votes. Mr.Alcaraz: Thank you. Ms. Cuellar: You're welcome. If you have an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda. Thank you for your participation. You may remain at the meeting or you're free to leave. The next order on our agenda is the regular agenda. Vote Tall Commission Member AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions 1. The Alternative Compliance approval is valid for five (5) years from the date of City Council approval. Any requests to extend the use beyond five (5) years shall require the approval of a new request from the City Council. 2. The applicant will acquire the necessary parking lot permits with the Planning Department and Public Works Parking Management prior to beginning operation of the parking lot. All required permits shall be kept in good standing and renewed through the standards set forth by Parking Management and the Planning Department. 3. The applicant will provide a minimum of five bicycle parking spaces through the placement of a bicycle rack within a pedestrian accessible part of the property or at an alternative location along 171h Street as agreed upon by the applicant and staff. 4. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. 5. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 6. The applicant shall submit a detail of any gate, fencing, light fixtures, or any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 7. The site shall be in substantial conformance with the submitted conceptual site plan and landscaping exhibit titled NBB Parking; Alternative Compliance Exhibit" as prepared by WPL, and dated February 27, 2025. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 0 I— ID U 0 CREATIVE ViBe District Virginia Beach 2/28/2025 Board Members Laura Wood, President Laine Harrington Andrew Fine, Immediate Past President City of Virginia Beach Jody Wagner,Vice President Planning & Community Development Lawrence Steingold, Treasurer 2875 Sabre Street LG Shaw, Secretary Virginia Beach, VA 23452 Don Frederick Robin Brickell Charles Powell RE: Parking Lot at 409 Virginia Beach Blvd Derrick Borte Greg Zittrain Cole Werkheiser Nadine Paniccia Dear Laine, Jeremy Maloney Bill Gambrell On behalf of the ViBe District nonprofit board and the Friends of the Aaron Phipps Creative District business membership, we thank you for reaching Brian Jones out to alert us to the request for variance from the ViBe Ordinance Nate Fine at the property at 409 Virginia Beach Blvd. As a partner to the City BJ Griffin of Virginia Beach and an advocate to small local business owners, Dare Ruffin we agree that the current parking shortage in Central Beach is an Harshad Barot Poetry Jackson urgent matter. Scott McCluney Kara Hanger While we firmly believe the no commercial parking lot stipulation in Martha McClees the ViBe Ordinance is critical to the longevity of the thriving arts Emily Archer, Liaison City of VB district, our Board agrees that the current status of construction at Lisa DeNoia, Liaison FCD Board Atlantic Park and the pending 17th St CIP project beginning in 2025, Crystal Sessoms, Liaison VAACC warrant temporary approval of commercial parking lot, accessible to Margaret Foltz, Liaison VBAC the general public, at 409 Virginia Beach Blvd for the next several Alison Byrne, Liaison VMOCA years. Kate Pittman, Executive Director Friends of the Creative District ViBe's leadership acknowledges that empty lots transitioning to Executive Board Members temporary parking lots between 2025-2028 will help serve our small business community during construction on 17th Street. We believe President these temporary parking lots will help to alleviate the following Katerin Goold, problems: Vice President Mia Guile,Artist 0 Lack of parking / staging for construction crews Treasurer . Relief to parking on neighborhood streets where residents live Jackie Romano, Sacred Daggers Lack of sufficient public parking needed for resort events Secretary . Provide private property owners with income to help fund future Stefanie Mitchell,2050Community development better suited to ViBe ordinance Immediate Past President LG Shaw,WRV It is our sincere hope that the City of Virginia Beach planning staff and private property owners will redevelop these lots into greater PO Box 3601 Virginia Beach,VA 23454 757-202-9533 www.ViBeCreativeDistrict.org assets for the resort following the temporary parking lots and at the completion of construction at Atlantic Park and 17" Street CIP project. As these parcels are within the thriving ViBe District, we desire to see them complement our efforts per the ordinance. As the ViBe will celebrate 10 years in 2025, we continue to pursue the intent of the ViBe Ordinance adopted in 2015: "It is the intention of the City Council to encourage the growth of creative activities and organizations by facilitating and incentivizing the establishment and growth of businesses principally engaged in fields such as art, architecture, graphic design, fashion, film and other media, software, music, publishing, performing arts, culinary arts, advertising, sustainability and other fields in which creativity and originality are essential elements of the business." We ask that City Council instills limits on the temporary parking lot at the 409 Virginia Beach Blvd, and if the parking lots become permanent fixtures after 5 years, that a Parking District overlay be considered within the arts district to fund future free public programming and public art initiatives that serve the district better than commercial parking. Thank you again for the transparency and outreach on this matter. Sincerely, Kate Pittman Executive Director PO Box 3601 Virginia Beach,VA 23454 757-202-9533 www.ViBeCreativeDistrict.or� O OR OR OR OR T OR Street C OR -o R5S �. R5S A18 OR OR , , . OR OR .00 � O-R c� Norfo h Street Norfolk AvenUe 9 RT3 o OR OR R5S R-5S N ® site Patrick A. Bowers w*14 Property Polygons 903 Pacific Avenue, Unit A s QZoning Building Feet 0 2040 80 120 160 200 240 F� iJ s •� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PATRICK A. BOWERS [Applicant] BOWERS & JONES PROPERTIES, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 903 Pacific Avenue, Unit A (GPIN 24272444110960). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: April 15, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit in the Pacific Place Condominiums located at 903 Pacific Avenue, Unit A. Two previous Notice of Violations were issued for this property the first in April 2022 and the second in August 2024, each for operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. Following the 2022 Notice of Violation (NOV), the owner opted to pay the $200 fine; however, after they received the second NOV in 2024, the property owner filed the subject application. While the site is currently advertised, the applicant is not accepting bookings. The last known documented stay took place September 22, 2024. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 27 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. A letter of opposition was received about the request, noting concerns regarding the applicant's past operation of the Short Term Rental without approval. Patrick A. Bowers Page 2 of 4 ■ Recommendation: On January 8, 2025, the Planning Commission made a motion to recommend approval of this request; however, that motion resulted in a split 5 to 5 vote and therefore, the motion failed. Due to the failed motion, the recommendation moved forward as one for denial. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Patrick A. Bowers Page 3 of 4 a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Patrick A. Bowers Page 4 of 4 Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department L" V�;. City Manager Agenda • •• A. Bowers Property Owner: Bowers &Jones Properties LLC Planning Commission ' • 2025 V_B' CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) � A 14TN ST Staff Recommendation T > Approval y a b m N KALF Sf Staff Planner Alexis Bailey LAKE oft ALLEY PINEWOOD DR Y Location NORFOLK AVE m ".VAST; 9TH f'T 903 Pacific Avenue Unit A 9TMS3 a •TNST GPIN p ALLEY iit,+ST 24272444110960 NapvE V. P >�V� 6TH ST Site Size N m L,KpA� TW ALLEY ° 34,984 square feet GA H1GN PO,HT AVE >m gYN ST AICU7 TERRACE pVE 65-70 dB DNL; Sub-Area 1 Watershed .; Atlantic Ocean ,�THSY 4,• i Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort ,;: _ i � � Surrounding Land Uses and ZoningDistricts $: .use x North * Multi-family dwellings, commercial parking lot/OR Oceanfront Resort South 91h Street NORFOLK"-"* •, :.� *' Municipal Parking Garage/OR Oceanfront Resort EastA Atlantic Avenue Retail Shops/OR Oceanfront Resort West Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort Patrick A. Bowers Agenda Item 16 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 903 Pacific Avenue Unit A. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on November 26, 2024 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Pacific Avenue. • Two previous Violations were issued for this property for operation of a Short Term Rental without a Conditional Use Permit. The first Notice of Violation was issued in April 2022, with a summons being served after the owner failed to apply for a Conditional Use Permit. Upon receipt of the summons, the property owner opted to pay the $200 fine. The second Zoning Violation was issued in August 2024, after which the property owner filed the subject application. • Although this property was registered and paying transient occupancy taxes to the Commissioner of the Revenue from January 2016 through December 2020 and March 2021 through July 2021, since the site has not been registered or paying taxes since July of 2021, the site would no longer be considered grandfathered. • Known Short Term Rental activity as of December 30, 2024: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes September 22, 2024 No Patrick A. Bowers Agenda Item 16 page 2 of 14 Short Term Rentals in the Vicinity y � , i 1J� aq j ,_-- y Short Term Rentals 0 STR Permits(66) Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Patrick A. Bowers Agenda Item 16 page 3 of 14 Zoning • # Request CUP (Short Term Rental) Approved 12/10/2024 10tNsz CUP (Short Term Rental) Approved 12/10/2024 CUP (Short Term Rental) Approved 07/09/2024 oR CUP (Short Term Rental) Approved 06/04/2024 a 2 R5S CUP (Short Term Rental) Approved 05/21/2024 OR CUP (Short Term Rental) Approved 05/21/2024 1 m CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 / St NORFOLK VE00 gSH CUP (Short Term Rental) Approved 09/19/2023 --- CUP (Short Term Rental) Approved 09/19/2023 Z CUP (Short Term Rental) Approved 09/19/2023 \ OR D� CUP (Short Term Rental) Approved 07/11/2023 1 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 07/12/2022 Application Types CUP (Short Term Rental) Approved 04/05/2022 CUP: MDC: Modification of Conditional Conditions CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 11/09/2021 Use Permit MDP: Modification of Proffers REZ: NON: Nonconforming Use CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 03/02/2021 Rezoning STC:Street Closure CUP (Short Term Rental) Approved 10/20/2020 CRZ: FVR: Floodplain Variance CUP (Short Term Rental) Approved 08/25/2020 Conditional ALT.•Alternative Compliance Rezoning SVR:Subdivision Variance CUP (Short Term Rental) Approved 08/25/2020 LUP: Land Use Plan CUP (Short Term Rental) Approved 06/11/2020 STR:Short Term Rental CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 Patrick A. Bowers Agenda Item 16 page 4 of 14 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 25 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose.These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. While there is an active rental listing there has not been a documented stay since September 22, 2024. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. Patrick A. Bowers Agenda Item 16 page 5 of 14 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Patrick A. Bowers Agenda Item 16 page 6 of 14 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns about prior operation of a Short Term Rental without a Conditional Use Permit. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2024. Patrick A. Bowers Agenda Item 16 page 7 of 14 • As required by State Code, this item was advertised in the Virginian-Pilot on Tuesdays, December 24, 2024 and December 31, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 23, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on January 2, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, April 1, 2025 and April 8, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 31, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 11, 2025. Patrick A. Bowers Agenda Item 16 page 8 of 14 LayoutSite y ° v � 0 t� NoRFOLKgVE Patrick A. Bowers Agenda Item 16 page 9 of 14 Site • • MOM IL` 3 Disclosure Statement Patrick A. Bowers Agenda Item 16 page 10 of 14 VIRGINIA isclosure CITY OF BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law.Completion and submission of this form is required for all applications that pertain to aty real estate matters or to the development and/or use of property In the City of Virginia Beach requiring octi by the City Council boards, commissions,or other bodies. APPLICANT INFORMATION Applicant Name: as listed on application VYesN,C) Is Applicant also the Owner of thew iyect property? If no,Property Owner must complete SECTION 2:PROPE TY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso Nov If yes,name Representative: _ Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeeNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 nelauanship with the opp Cant (Attach list if necessary.) rt�-►��, - QuS �S Does the subj tt property have a proposed or pending purchaser? yes NO t If yes,name proposed or pending purchaser. KNOWN' INTERE'�T PY PUBLIC OFFICIAL OR ENM'i r°``ri= Does an official or employee of the City of Virginia Beach have an interest in h ubject land or any proposed development contingent on the subject public action? YesO No If yes name the official or employee,and describe the nature of their interest. r----- APPLICANT SERVICE` rSR < + `?SURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES `NO SERVICE PROVIDER entity and/or lndividual) - - - _, Financing(mortgage,deeds of trust, cross-collateralization,etc.) 0 , t i Real Estate Broker/Agent/Reakor Q i K Disclosure Statement I rev. M a y-2024 page 1 of 3 DiSdosure Patrick A. Bowers Agenda Item 16 page 11 of 14 continuedSECTION 1: APPLICANT DISCLOSURE -- SERVICE YES NO SERVICE PROVIDER _ 0", (Name entity and/or individual Accounting/Tax Return Preparation 01 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor 0 Q Engineer/Surveyor/Agent 0 Legal Services 0 T07 APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete,true,and accurate.I understand that upon receipt of notification that the application has been scheduled far public hearing,1 am responsible for updating the information provided herein three weeks prior to the meeting of planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Applicant Name(Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(111)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.1-3101. FOR CiTY USE ONLY: No changes as of(date): 3/28/2025 Alexis Bad 3/31/2025 7� Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 Disclosure Patrick A. Bowers Agenda Item 16 page 12 of 14 SECTION 2: PROPERTY .Ow . DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: r as listed on application _ Bowers&Jones Properties LLC Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YeS044,00 !f yes,list the names of all officers,directors,members,or trustees below AND businesses that have a p nt-subsidio or affiliatedbusiness entity 2 relationship with the applicant.(Attach fist if necessary. I D TI c OU1 r 21'— a T6 Does t�properly have a proposed or pending purchaser? Yes0 No If yes,name proposed or pending purchaser. _ KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject pubic action? Yes 0 NoQ if yes,name the official or employee,and describe the nature of their interest. _ PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES ' NO SERVICE PROVIDER Financing deeds of trust Name entr an or rndivldua! cross-colllateralf a ion,etc.) 0 Real Estate Broker/Agent/Realtor 0 Y 0id Accounting/Tax Return Preparation 0 " Architect/Designer/Landscape ® (D�.,/ Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent C) Legal Services d PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or c mittee in co ection with this application. Property Owner Name(Print) Property er Signatur Dat Disclosure Statement I rev. May-2024 page 3 of 3 I Patrick A. Bowers Agenda Item 16 page 13 of 14 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Patrick A. Bowers Agenda Item 16 page 14 of 14 STIR VICINITY MAP PATRICK BOWERS 31. Gil LL ,P n ,4 RFOLK-N m Vk �N S : c rn 1 t 5� , Short Term Rentals pal. p STR Permits(66) Virginia Beach Planning Commission January 08, 2025 Public Meeting Item # 16 Patrick A. Bowers Recommendation: RECOMMENDED FOR DENIAL Discussion Ms. Clerk: Our next item is item 16, Patrick A. Bowers. Ms. Cuellar: Welcome. If you could state your name for the record, please. Mr. Bowers: Patrick Allen Bowers. Ms. Cuellar: And Mr. Bowers, thank you so much for your patience. This has been a long hearing,and so we recognize your time. Thank you very much. If you could just tell us a little bit about your application, please. Mr. Bowers: I'm applying for a conditional use permit, so I can do Airbnb on at Retreat by the Sea on Pacific Avenue, corner of 9th and Pacific. Ms. Cuellar: And you're asking for a conditional use permit for a short term rental? Mr. Bowers: Yes. Ms. Cuellar: And have you done short term rentals before? Mr. Bowers: No. Ms. Cuellar: And do we have any specific questions? Commissioner Plumlee, 1 believe. Commissioner Hippen? Mr. Alearaz: Yeah. This is it's my district and I just had some questions. Kind of siding on the concern. How long have you, because like I got a complaint, we got a complaint. You have 90, you've had 90 rentals. Is that true? Mr. Bowers: But I've had what? Mr. Alearaz: 90? Mr. Bowers: No, I've lived there. I bought a house in, I bought a house in Shadowlawn. I was redoing, I've been living there, so I bought a house in Shadowlawn. And I currently have it on Airbnb right now, but it's long term rented right now, but I've got it on Airbnb to start renting this summer because people are booking them now. Mr. Alcaraz: It just said, since 2021, you've had 90 rentals. Since 2021, this person's stating you've had 90 rentals. Mr. Bowers: I don't know who that is. I don't know how, where they get that from. Mr. Plumlee: In 2022, you have an Airbnb and you were fined $200. Mr.Bowers: I got a fine. I don't know what it is. I thought it was renew a license or something. Mr.Alcaraz: Yeah. So that was 2022. And now we're here. Before you come to here,you had another one in 2024, in September 2024, another violation. You had Airbnb rental? Mr.Bowers: I got fined, yes. I thought for last time. Mr.Alcaraz: So that's our concern. Mr.Bowers: Every time we get a fine,there's no,there's just, it goes to my lawyer, and he sent it to me, but there's no water or anything with it. Mr. Alcaraz: And I appreciate that but my concern is to make sure you're following the rules. And you're showing you're not, and now you're asking for us to give you a use permit, and that was my reservations in the informal hearing. So we wanted to talk about that. Mr. Bowers: Here's the way it went. I tried to go by the guidelines with y'all. When COVID came along, I did all the, I went through all the paperwork, did all the paperwork, and y'all cancelled my hearing. And I was trying to get it all taken care of,y'all cancelled the hearing,kept my money, and never did anything, and never did anything with it. It was just a, it was just out there in the air, nothing. So I said, you know what I said I'm, it's, this deal, dealing with y'all is crazy. Mr.Alcaraz: I am sorry to hear that. but we need to make sure you're gonna follow the rules. Mr. Bowers: That's what I'm trying to do now. Mr. Alcaraz: Okay, lemme finish because have 10 now. We have 10 people up here that are gonna try and think how we're gonna vote on this. And I need to know that we're gonna be assured that you're gonna follow the rules. You said you're in Shadowlawn, so you're pretty close by. If there's any situation or anything that you can attend to? Mr. Bowers: Yes. Mr.Alcaraz: Right now,that's all I have until maybe something comes up. Ms. Cuellar: Commissioner Plumlee? Mr. Plumlee: No, thank you so much. Have you look through the conditions that are required for the short-term rental conditional use permit? Mr. Bowers: Yes. Mr. Plumlee: And you understand with regards to your responsibility to make sure at all times that they are adhered to? Mr. Bowers: Yes. Mr. Plumlee: And you're in full agreement that you will do that, each and every one of these conditions? Mr. Bowers: Yes. That's why I'm applying for this permit. So, I get the parking pass for the renters,and do all the other stuff that goes along with it. So with regards to using it for short-term rental without a conditional use permit. Mr. Plumlee: Can you describe for us exactly why you thought it was okay to go ahead, and do that even though you knew a permit was required? Mr.Bowers: I have money invested. I'm trying to make money on this property. Y'all are taxing me on anything I'm doing on it, and I'm trying to recoup the money on my investment. I pay personal property tax. I pay real estate tax. I pay personal property tax on two cars,real estate tax on that property, and the property I live in the City of Virginia Beach. I don't see how it's fair. I got to pay tax on that as well. Mr. Plumlee: So do you believe that if you pay tax, you don't have to follow the rules that the city sets for? Mr. Bowers: No, no. Yeah, I'm paying taxes, but I think I should follow the rules. Yes, I'm gonna follow the rules. That's why I'm here today to get the permit. If I get the permit,I'm gonna, I was going by the rules to begin with. When I first started this process, I was going down the road, doing all the rules, doing everything that y'all wanted me to do. And y'all cut my feet out from underneath me during COVID. Mr. Plumlee: When the fine was handed down,you paid the fine. Is that fair? Mr. Bowers: I did,but he didn't say what it was for. There was no,there was nothing said to me that said that this is what the fine is for. It was just a$250 fine. Mr. Plumlee: Okay. Did you go, and will you put on notice that you had to appear to defend yourself against the fine? Mr.Bowers: No. Mr. Plumlee: You've received no notice? Mr.Bowers: I received nothing. 1 got a fine. It went to my lawyer. My lawyer holds,my lawyer is the, I don't know what you call him, but he's the— Mr. Plumlee: Power of attorney? Mr. Bowers: No, he's not power of attorney. He's registered. That's exactly what he is. Mr.Plumlee: So your registered agent received the complaint from the city, and you were put on notice that you could defend yourself against that complaint. Mr.Bowers: There was no,there was nothing about defending,he said, go pay the fine. Mr. Plumlee: So if you're put on notice in the future of a violation, are you just going to say it went to my lawyer, and I paid the fine, and that's all there is to it? Mr. Bowers: If he advised me to attend, so I didn't know there was any hearing to attend. Mr. Plumlee: Thank you. Ms. Hippen: Okay, let me clarify. The reason, the question is here. You said during COVID. Okay, OVID was in 2020. I want to make sure we got the timeline right. According to our staff report, they talked about two previous violations. The first notice of violation was issued April 2022. That's why they're asking you the questions because the timeline is April 2022. We're not talking about before. Okay. And then it's still currently advertised right now, according to what we are seeing, according to what staff is seeing. Okay. I don't see all of that. Okay. And we're not taxing you. Commission is taxing you. Mr. Bowers: It is currently listed right now because I've got long-term rented right now. I have a long-term renter in there right now until May, and I left it on Airbnb because this is when everybody books their rooms, between now and the seasons. So it's on there right now to book it, and I was going to, I'm going to go through the permit process, get it permitted and then start renting out in May. Ms. Hippen: Okay. What happened in September of this past September 2024. According to what we have been given information, I'm looking at, it says that Your last known rental was September 22nd,2024. Was that the long term person that you have now,or was that a short term rental? Mr. Bowers: I don't know that where you're getting that out of short term rental. I was living there. Ms. Hippen: Oh,you were living there. Okay. Mr. Bowers: I was redoing my house in Shadowlawn and I was living there. I own a property on 19th Street, sold it, bought the place on Shadowlawn and moved into that for temporarily till I got my,till I got my house redone in Shadowlawn. Ms. Hippen: Okay. All right. We're just trying to get the things straight in our minds. Okay. Because if you're following the rules, then we don't want to penalize you. But if you're not following the rules, it's our responsibility to talk to you about it. Okay. So that's all I wanted to say. Ms. Cuellar: Thank you, commissioner. Any other questions for the applicant, discussion or I'll entertain a motion. Mr. Alcaraz: I do have one question. Please tell me what is your full name? Mr. Bowers: Patrick Allen Bowers. Mr. Alcaraz: And what is your current address? Mr. Bowers: 913 Carolina Avenue. Mr. Alcaraz: Carolina Avenue. And I'm sorry, I don't have it right in front of me. What's the address of this? Ms. Cuellar: 903 Pacific Avenue. Mr.Alcaraz: Okay,thank you. Ms. Alcock: 903A Pacific Avenue. Mr. Bowers: 903A Pacific Avenue. Mr. Alcaraz: One thing with the short term rental, since, I do live in this district and I see and hear a lot of it, is management is so important. It's really important with this and it's actually part of the it's part of the agenda items. It says that,you need to be responsive,but I'm just reserved on this, and I don't want to get into details, but my gut feeling is I just can't. I can't support it, so I'm going to make a motion that we deny it. Ms. Cuellar: Is there a second? Mr.Plumlee: Second. Ms. Cuellar: There's a motion on the table to deny this application by Commissioner Alcaraz. second by Commissioner Plumlee. Are there any commissioners abstaining? Ms. Hippen: I would like to ask a question. Ms. Cuellar: Yes,of course. I said, and now if there's any additional discussion. Ms. Hippen: Thank you. Okay. Who's my staff person? Okay. So they're recommending just, we've got a motion for disapproval. According to what we've got, the information we've got, it conflicts with what the gentleman is telling us. So we need, I need clarification,whether to either support the denial or not support it. I am reading. Although this property was registered and paying transient occupancy taxes to the commissioner of the revenue between January 2016 and December 2020, and March 2021 through July 2021. Since the site has not been registered or paying taxes since July of 2021,the site would no longer be considered grandfather. Staff. Yes. Ms. Hippen: And then it says known short term rental as of December 30, 2024 was yes is currently advertise which the gentleman acknowledged, and the last known rental was September 22"d,2024. And the gentleman says he was living there. So help me out,please. Staff. So we receive our information from host compliance. That's our compliance software that we examine all of our short term rentals through. So, I did just do a double check on host compliance to make sure everything was currently up-to-date. It does still show an active rental listing. It shows a documented stay September 22°d,2024. So that is the information we received from host compliance. Mr.Alcaraz: Does it say how long that stay was? Staff. No,we do not have that information from host compliance. We get,when the documented stays have taken place,how many,and the date. Ms. Cuellar: Thank you. Commissioner Byler. Ms. Byler: Thank you to staff and also to my fellow commissioners for giving this your attention and for your comments,all of which I've heard and registered. It appears to me that any violations were administrative. I haven't heard any violations where there were parties or gunshots or anything of that nature. Just it's administrative. And I feel for this applicant because city paperwork can be cumbersome, and I really do believe he is trying. It seems appropriate. It's 903 Atlantic Avenue, or Pacific, rather. It's where we do short-term rentals, and staff approval was recommended. So,I for one think staff got it right and I will support him in his application,and I will oppose the motion on the table. Ms. Cuellar: Is there any further discussion? Commissioner Hippen. Ms.Hippen: Okay. I think you're frustrated. Okay. And believe me, look,I was in the Navy for 25 years. I know bureaucracy and paperwork. I do, I have to agree with Commissioner Byler that this was administrative stuff. I see your frustration,but you calm down when I explain to you why we're asking what we're asking. So, I do think that your heart is in the right place. I think you need to tell your lawyer, okay, to take better care of you, sir. Okay. And just be careful in the future and monitor things,just monitor things to protect yourself. Okay. True. True. We keep, we got to have you come up here if you talk. Okay. Because it's got to be on the record, but anyway I'm just saying,I will go along with the staff recommendation. There's something that we are not getting here, but I don't think that you've got, anything illicit going on in the place, and that's just my two cents. Ms. Cuellar: Thank you, Commissioner. Is there any other discussion? Commissioner Mauch? Mr.Mauch: Just for my understanding,now if whatever this vote comes out to be,if he,if it does in fact come out that it's for denial then what is the process after that? Because he could show that he's doing the right thing, within that time frame. And then how long until after that he could reapply? Is that one year? Is that? Mr. Plumlee: The conditional use permit can come back at any time. Is that correct? Or does it take one year upon denial? Ms. Cuellar: Would you be kind enough to put your microphone? Ms. Alcock: I can double check the ordinance, but I'm only aware of a strict time for the Board of Zoning Appeals. Mr. Plumlee: My understanding of rezone is of one year, but a cup is not. Ms.Alcock: I think they can bring a CEP back without a restriction on when but I want to double check the ordinance. Mr. Plumlee: And I was gonna ask since Commissioner Byler has a motion or potentially a substitute motion, if you wanted to handle it that way to put that forward, and to see if that's the primary. Ms. Byler: And if Madam Chair would entertain it,I'd be happy to make a substitute motion that the application be approved as submitted. Ms.Hippen: And I will second that. Ms. Cuellar: Okay, so we have a substitute motion on the floor by Commissioner Byler to approve this application, seconded by Commissioner Hippen. Ms. Hippen: Madam Chair, if I could,just so we're clear, you wouldn't rent this if we said you couldn't have it,right? You wouldn't,right? You wait until you got your permit,right? Mr. Bowers: Yes. Ms. Hippen: Okay. Thank you. Ms.Alcock: Right, so now the vote would be to make the substitute motion the primary motion. So we have a motion and a second to make it the primary and then you would vote on that as the primary. Ms. Byler: I move that the substitute motion be made the primary motion. Ms.Hippen: And I second. Ms. Clerk: The vote is now open. By a recorded vote of 7 to 3 item 16, Patrick A. Bowers has been recommended for approval. Ms. Cuellar: So now we're voting on the application as the primary motion. Correct. All right, so we have Commissioner Byler has moved to approve the application with the seconded by Commissioner Hippen. Ms. Clerk: Just to make things a little quicker, we'll just do a verbal vote starting with Commissioner Mauch. Mr. Mauch: No. Ms. Estaris: No. Mr. Cromwell: No. Mr. Anderson: Yes. Ms. Byler: Yes. Ms. Cuellar: Yes. Mr. Alcaraz: No. Mr. Plumlee: No. Ms. Hippen: Yes. Mr. Parks: No. Ms. Alcock: Okay. So by a verbal vote of six no and four yes to recommend approval, the recommendation has failed. I'm going to defer to the city attorney to see if that then moves forward as a recommendation of denial. Since the motion for approval failed. Ms. Cuellar: Well, in this case, since there's another motion still on the table,we would vote on the original motion for denial. And also, it is a year before it can come back if it's substantially the same application for a conditional use permit. Mr. Alcaraz: So do I carry my motion again. Yeah. Ms.Alcock: So now the original motion that was made by Commissioner Alcaraz is now what's on the table to be voted for. Mr.Plumlee: Second. Ms. Cuellar: Madam Clerk,would you repeat the motion for us,please? Ms. Alcock: This would be a recommendation for denial. Ms. Cuellar: Moved by Commissioner Alcaraz, seconded by Commissioner Plumlee, and the discussion. Ms. Byler: So with the additional information we just got, that this applicant has to wait a full year and lose a full year of revenue in short term rental in a property that otherwise would be appropriate except for his missteps previously. I wonder if everyone would have voted the same way on my motion. But regardless, that was done, and now we have a motion to deny, which when my motion to approve failed,it essentially is the denial. So that's my 2 cents. We can move forward,or perhaps Commissioner Plumlee would like to amend his motion. Mr.Alcaraz: I made the motion and I'll stick with it please. Ms. Cuellar: We have a motion on the floor. Is there any continued discussion? Ms. Hippen: Okay, I've got a question. Whether we approve or deny, it's still those city council and they have the final word. Ms. Cuellar: Correct. Ms. Hippen: Okay. Thank you. Ms. Clerk: The vote is open for motion for denial. Ms. Cuellar: We'll ask our city attorney just for clarification for Robert's rules. He's not here. Ms.Eisenberg: Okay. I think it's recommended for approval because the motion to deny did not carry. In the alternative,when we have cases where this split vote occurs for a motion to approval, it comes forward as a recommendation for denial. So I believe it's a recommendation for approval. Ms.Hippen: The Roberts rules that I know says that the motion to deny was not carried. So we did not deny, but we didn't approve it either. So trust me. Ms.Cuellar: So let's consult our attorney. That's why she's here. So we can get some clarification to the applicant because we often don't have substitute motions. So let's just take a pause. Ms.Eisenberg: Can you give me like a brief recess? Because this is not one I'm gonna know off the top of my head. Ms. Cuellar: Yes. Or could we continue on with our last one while you're searching for that? What would be the preferred? Ms. Eisenberg: I mean,this item is open. So I don't think that's appropriate. Ms. Cuellar: Then we'll recess to get clarification from Mr.Bowers. Mr.Plumlee: Mr.Bowers. You broke the Internet. Ms. Cuellar: Thank you everyone for your patience. Mr. Bowers,particularly. Ms. Eisenberg: Thank you for bearing with me on that one. So it appears that there are two options, two different avenues that the commission may take. You can either vote to defer this item until a hearing where you have I I members present,and it will no longer be possible to have a split vote, or you can renew your motion to approve, and if that motion fails, it will come as a recommendation for denial. Ms. Cuellar: Discussion amongst the commissioners. Commissioner Hippen, discussion? Ms. Hippen: Oh, discussion. Okay. I think you understand that you need to be more diligent. Okay. I do. Okay. I also think that you're not gonna be short with anybody that you have to deal with,right? You're gonna,you're gonna, okay,that's my only concern. Okay. Because you were very frustrated when you started out. Okay. And I understand we all had stuff that didn't go right during COVID. I do understand,but that's why I read the dates to you. Okay,and that was why I asked the question. Are you going to rent it? If you don't get this conditional use permit and you said no. So you're on the record. Okay. With that,I move to approve the short-term rental status. Ms. Cuellar: Okay yes, we, let me, I'm going to try. Yes, for a second, and then we'll have discussion. I'd like to ask for a second? Mr. Mauch: I'll make a 2nd,just so we can have the discussion. Ms. Cuellar: Okay, so discussion Commissioner Alcaraz. Mr.Alcaraz: Yeah,thank you,Ms.Hippen. Again,as I stated, I've dealt with a lot of these short term. Okay, again, I'll make it short. It's just we're here in a formal session. We ask questions and my concern is if there's ever a problem, I want the manager. This is the owner to be able to handle the situation,but the way he handled it with us, it just,I need to feel good about giving this use permit to someone that's why they're asking us, but then we're communicating in a formal session,and I'm concerned that if there's a situation at this unit,a neighbor calls you or something that they're going to be treated in that way. And I didn't want to hear it. I didn't want our zoning inspectors to deal with it. So that's why I favored to for denial. Ms. Cuellar: Thank you, Commissioner. Commissioner Byler. Ms. Byler: Commissioner Alcarez, I appreciate your clarification, and I do understand that. Let me say that,there are several things that I like about Mr. Bowers and one was that right from the start, he tried to do the right thing, and he continues. Right now, he's here because he's trying to do the right thing, and there are plenty of people in Virginia Beach who don't. So I do appreciate that. Another thing, when he got the violations once or twice, even though he didn't know why, he just paid them. He didn't contest it. He didn't cause a trouble. Any trouble,he just paid them. So again,compliance,he appears to be doing everything he can to comply. Waiving another year, a year of lost revenue to me, it's too much for what in my mind was administrative error, and part of it was COVID and part of it was probably on the city. I don't think it was 100%his fault. So all of that considered. So it's unlike me to disagree with Commissioner Alcaraz because he has infinite wisdom. But in this case, I do disagree with him and I support the vote on the table currently to approve the application. Ms. Cuellar: Thank you. Mr. Plumlee: I do have one thing I'd like to add. I'm in support of where Mr. Alcaraz is on this. The last time we had this very detailed conversation with applicants about who did what,when. I believe Commissioner Byler that it was administrated, we should correct it,we should get going. I got an entirely different demeanor from those folks that appeared in the way they presented themselves. And when you call someone when they're in a public venue before their peers and you talk to them, and that's the best that they can present themselves, as opposed to what happens when they're really inconvenienced on a weekend and a real problem needs to be solved. I think they show themselves. It's not our vote to approve it. It's only our vote whether to recommend it. I can't vote to recommend this,and that's why. Ms. Byler: I had a little concern how it started when we opened it and Commissioner Alcaraz questioned that you have 90 units and in fact it turns out you only have one. All of that was unsettling to me. Mr. Alcaraz: Can I correct you?It says nine,he rented it 90 times,not 90 units. Ms. Byler: Oh, okay. Thank you. Yeah. I was confused by all of that. It's one unit. Okay. Yeah. Thank you. Ms. Cuellar: Is there any additional discussion? So we have a motion by Commissioner Hippen to approve, seconded by Commissioner Mauch. Ms. Clerk: The vote is open. By a recorded vote of 5 to 5, item number 16, Patrick A. Bowers. has been recommended for denial. Ms.Cuellar: Mr.Bowers,if you have any procedural questions,I think a member of the planning staff would be able to help you at this time. Your application will then go to City Council. They will notify you of that day and it is the City Council who will make the final decision on your conditional use permit. Thank you very much. Madam Clerk,you can call the next agenda item. Vote Tall AYE 5 NAY 5 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hi en X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: Kyle Kenney To: John H.Coston;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz;Bryan Plumlee; Susan B.Higgen;William Parks;Michael C.Mauch;Holly Cuellar Cc: Kathy M.Warren;Alexis Bailey Subject: Opposition-STR:903-A Pacific Ave(PC 1/8/25) Date: Tuesday,January 7,2025 5:20:43 PM Attachments: Zoning Record-STR 903-A Pacific Ave 2.eml.mso STR Info 903-A Pacific Ave.eml.mso CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chairperson Cuellar, Vice Chair Coston, and Planning Commission Members: Please consider this email a letter of opposition to Patrick Bowers and Tammy Jones Bowers obtaining a CUP for the property located at 903-A Pacific Ave for the following reasons: 1. Council approved a CUP for these owners and this property in 2021 with certain conditions. The owners subsequently withdrew their application and operated the STR without registering it or obtaining a CUP(see attached zoning records). Per their Airbnb listing,they rented the property 90 TIMES since April 2021 and are accepting reservations into October, 2025. 2. The owners did not provide the Assessor, Planning, or Zoning departments with their physical address so the city was unable to serve a legal summons for operating an illegal STR (owners provided STR address where they never resided). 3. The owners operated the STR without a CUP for almost 4 years and disregarded the conditions set forth by Council. The conditions they continue to violate include a)occupancy- allowing 3 adult overnight guests per bedroom rather than 2 in order to generate additional revenue; b) length of stay-accepting reservations with a 2 night minimum which results in>1 rental every 7 consecutive days; c) STR sign-there is no posted sign which designates this property as a STR(see attached info for Airbnb "Pacific Place Paradise). Allowing the owners to obtain a CUP after withdrawing their original application and knowingly operate an illegal STR for almost 4 years does not provide other STR owners,who adhere to STR regulations and pay the required fees and insurance, equal protection under the law. While I understand the STR department may be focused on getting owners to comply with STR regulations, I do not understand why these owners should be rewarded for NOT providing their true address, for NOT paying STR fees, for NOT obtaining a$1 M liability policy,and for NOT obtaining safety inspections since 2021. Thank you for the opportunity to provide information about these owners and this property. I am not providing my address since complainants are supposed to have anonymity when they report STR problems. All information contained in this email is available to citizens via public websites,rental websites, city property records, and VB's citizen Accela portal. st Street t Street ._-- ,. J 'R 1 O�R OR _2 OR � h Street OR N ® site Craig & April Dean W E Property Polygons 404 21 st Street, Unit C S Zoning Building Feet 0 1530 60 90 120 150 180 n�1A~• °E+cy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAIG AND APRIL DEAN [Applicants] CRAIG DEAN [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 404 21St Street, Unit C (GPIN 24270851690000). COUNCIL DISTRICT 6 (Remick) MEETING DATE: April 15, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three-bedroom 1,940 square-foot single-family home located at 404 21St Street, Unit C. The other structure on the site, which contains two units and fronts 20th '/2 Street, is not a subject of this application. The subject site has no prior zoning complaints, is not currently advertised, and the last known documented stay took place August 4, 2022. ■ Considerations: There is a two-car driveway on site to serve the single-family dwelling and a four- car driveway to serve the other two units. The applicant also has an agreement to lease a gravel parking space from the neighboring commercial parking lot to the east for a total of 7 parking spaces thereby satisfying the 3 required parking spaces for the Short Term Rental and the 4 required parking spaces for the other two units. All requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On March 13, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 404 21st Street Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. Craig and April Dean Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. Craig and April Dean Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) Craig and April Dean Page 4 of 4 All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DepartmenVAgency: Planning Department City Manager: Agenda A•• Dean andA• DeanV_B_ Property • Dean Planning • • ' • 1 CouncilCity 1 . '- Project Details Request Conditional Use Permit (Short Term Rental) 26V'A ST 2510 NXLF g1 25TN g1 StaffRecommendation o '" S Approval Y S O r T Z 24ZH Sp NP`F S, ` 2]NO S Staff Planner 2p S F S1 R 23f1 t 11N0 NAL Alexis Bailey ell. m 11Np63 'P,_.. - $ 2tS"S St, gL' S3 Location $ m 20TF1 404 21st Street, Unit C w GPIN 24270851690000 tN St Site Size ,gil+st ,�""p1-F S a 1,940 square feet N PgE^`"B`vp ,DNS, AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling with two apartments/OR eta Oceanfront Resort ,. Surrounding Land Uses and Zoning Districts North ' 1 0 i 215L Street Condominiums/OR Oceanfront Resort 1teF 51 South 20th % Street Parking Lot/OR Oceanfront Resort East Commercial Parking Lot/OR Oceanfront Resort West Hotel /OR Oceanfront Resort Craig Dean &April Dean Agenda Item 7 page 1 of 13 Background ► SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 404 21st Street Unit C.The 1,940 square foot parcel contains a single-family dwelling with two apartments and is zoned Oceanfront Resort District. • According to City records, this three-bedroom single-family home was constructed in 1945. • Staff inspected the site on January 29, 2025, to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking on the street during the restricted hours. • There are no prior zoning complaints associated with this address. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental, and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 16, 2025: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 4, 2022 No Short Term Rentals in the Vicinity m� 11�- m g Short Term Rentals r (D STR Penn(762) Craig Dean &April Dean Agenda Item 7 page 2 of 13 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 ' Zoning • # Request 1 1 CUP (Short Term Rental) Approved 01/19/2021 3 1 OR 1 CUP (Short Term Rental) Approved 08/25/2020 2� lstst 2 CUP (Short Term Rental) Approved 08/18/2020 CUP (Short Term Rental)Approved 07/07/2020 ALT Approved 04/18/2017 CUP (Short Term Rental) Approved 07/14/2020 OR OR CUP (Short Term Rental) Approved 07/14/2020 3 CUP(Short Term Rental) Approved 07/14/2020 6 'm CUP (Short Term Rental) Approved 07/14/2020 ALT Approved 04/18/2017 4 CUP (Short Term Rental) Approved 06/09/2020 — 5 4 OR 5 CUP (Short Term Rental) Approved 06/09/2020 $ CUP (Short Term Rental) Approved 06/09/2020 6 SVR Approved 09/06/2016 Application Types 7 ALT Approved 10/08/2013 CRZ: NON:Nonconforming Use SVR Approved 10/08/2013 Conditional STC:Street Closure MDC Approved 11/09/2010 Rezoning FVR: Floodplain Variance 8 CUP (Commercial Parking Lot) Approved MDC: ALT Alternative Compliance 03/10/2009 Modification SVR:Subdivision Variance CUP:Conditional Use Permit of Conditions LUP: Land Use Plan REZ: Rezoning MDP:Modification of Proffers STR:Short Term Rental Craig Dean &April Dean Agenda Item 7 page 3 of 13 Evaluation • • • The applicant is requesting to operate a three-bedroom Short Term Rental within an existing single-family home on the site.The other structure on the site, which contains two units and fronts 201h %Street, is not a subject of this application. The three-bedroom Short Term Rental is required to have three off-street parking spaces and the two units require two off-street parking spaces each for a total of four off-street parking spaces.The site has a two-car driveway, a four-car driveway, and the applicant has an agreement to lease a gravel parking space from the neighboring commercial parking space to the east for a total of seven parking spaces meeting the required three parking spaces for the Short Term Rental and the required four parking spaces for the other two units. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably be met and that the use of the property at this location for Short Term Rentals is appropriate. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Craig Dean &April Dean Agenda Item 7 page 4 of 13 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 404 215t Street Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Craig Dean &April Dean Agenda Item 7 page 5 of 13 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. Craig Dean &April Dean Agenda Item 7 page 6 of 13 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 26, 2025 and March 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on March 6, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, April 1, 2025 and April 8, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 31, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 11, 2025. Craig Dean &April Dean Agenda Item 7 page 7 of 13 ParkingSite Layout & Plan 1. THS SURVEY WAS PERFORMED WTHOUT THE BDVT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. 2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE X AND SHADED N6 AS SHOWN ON PANEL 012BG OF THE FLOOD INSURANCE RATE MAPS FOR THE CITY O=VIRGINIA BEACH, VIRGINIA,COMMUNITY NO.: 515531,DATED IANUARY 15.2015.FLOOD ZONE INFORMATION SHOWN HEREON IS NOT GUARANTEED AND WAS APPROXIMATELY SCA;ED FROM THE FLOOD INSURANCE RATE MAPS FOR THE CITY/COUNTY INDICATED.MSA,P.C.IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOW FOR FURTHER INFORMATION AND t0 CONFIRM THE FLOOD ZONE FOR THIS PROPERTY,CONTACT THE LOCAL COMMUNITY FLOOD OFFTCAL.FLOOD ZONE DETERMINATION IS BASED ON THE FLOOD INSURANCE RATE MAPS AND DOES NOT IMPLY THAT THIS PROPERTY MLLL OR WILL NOT BE FREE FROM FLOODING OR DAMAGE. 3. THIS SURVEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS,ENVIRONMENTAL HAZARDS,CEMETERIES OR ANY UNDERGROUND STRUCTURE NO- OBSERVED DURING THE COURSE OF THE SURVEY. 4. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE NAD83/93 HARN,AS REFERENCES FROM INSTRUMENT NUMBER 20180328DO0250010.COORDINATE VALUES AND LENGTHS/01STANCES SHOW* ARE EXPRESSED IN U.S.SURVEY FEET. 21ST STREET(80'R1W) ` ASPHAL 7 .T► (f,'(A. DELAIYARE Al£NL/E) (A/B 5 PC 10J� { N7609'55T EASTERN 20' OF LOT 10 b 50X(0IA) y N:3,478,246.87 _ "f E.-12,220,487,78 SY f 1A2A7'ID N£STERN J'moOD FENCE T f Or ARcnc LOT 14 LOT 12 20.00 1 1-'--130.00'1 1076 LOT 4 I4£STERN 10' S7fPS Zp1rf 6F LOT 10 -f6'#=BINGE o��i�13 0�'� ry I 4%. * FC000 10.54 �, 10.61 znN� X ( 2.60 265 CRAIG DEAN LO-1 8 IJ (INST. NO. 20070402000435940) —,—am LOT 8 do EASTERN 20' OF LOT /s7wr I 10, BLOCK 44 o BLOCK& r`3"llt?OD FENS (MB 5, PG 103) o NN1Y I / I GPIN:2427-08-5169 12 404 21ST STREET AREA = 6,500 Sf D.4J OR 0.149 AC 10.J2 7.88' \ J"mf pq fEimCE 4c OJ7 I POST 6V 6 #V09 FENCE N13 50'05"W S13'50'05'E 130.00' 130.00' N I 6 OOD T 2.19 11, Al S EN�SE19 INC. `F £I r `° 10 ARCAC PLAIA, LLC (08 2790 PO 1559) 2 STORr y (INST, N0. 2016021W0228440) 107S 12, 14 16, 18, 20, BLOCK a REMMIN6 PORMW 6F LOT Z ct OMERN 10'6 Orr LOT w 1404-A AND LOTS 4, e@ 6, BLOQ1'44 10, 8LOff 44 A (Ae 4 Po w) (#88 5 PC 107) o (/INST. N0, 20090519000549-W) 6PIN.•2427-09-4146 1„75'� OWN•2427-09-6210 410 21ST STREET 2015 AAr770 46XIE IN:3,478,120.64 51 200 (P/PE(F)NJ47416"K' E:12,220,518.86 10.7J'fRaW F C04 f 30.00' 12 00' 1.78 S76 09'55"W 44 ; 50.00'(O/A) b 207H 112 STREET(20 RI )� TC (A/B 5 PO 10!) N� Craig Dean & April Dean Agenda Item 7 page 8 of 13 Site • • r ( e - n u Craig Dean & April Dean Agenda Item 7 page 9 of 13 Disclosure VIRGINIA Disclosure V BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council,boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Is Applicant also the Owner of the subject property? YesO No If no,Property Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No(D If yes,name Representative: . Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesoNo(D If yes,list the names of all officers,directors,members,or trustees beiowAND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an imeLest in phe subject land or any proposed development contingent an the subject public action? Yeso No If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/ar individual providing such services must be Identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER _ Name entity and/or individual) Financing(mortgage,deeds of trust, cross-col lateral ization,etc.) Real Estate Broker/Agent/Realtor Disdosure Statement I rev. May-2024 page 1 Df 3 Craig Dean &April Dean Agenda Item 7 page 10 of 13 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER (Name entity andlor individual AccountlnaxRetum Preparation Architect/Designer/Landscape Architect/Land Planner _ Construction Contractor © ,pZ Engineer/Surveyor/Agent © J0 Legal Services APPLICANT CERTIFICATION READ.I certify that all information contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public y or commit a in connection with this application. Applicant f4me(Print) Ap an nature D 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II) a controlling owner in one entity is also a controlling owner in the other entity,or(M)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities,there ore common or commingled funds or assets,the business entities shore the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va.Code§2.2 3101. FOR CITY USE ONLY: No changes as of(date): 3/25/2025 Alexis Bailed[_—. 3/31/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev.wM ay-2024 page 2 of 3 Craig Dean &April Dean Agenda Item 7 page 11 of 13 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on opplication ZAAZ -- Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yeso No If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the applicant.(Attach list if necessary.) i Does the subject property have a proposed or pending purchaser? Yeso Noo If yes,name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the Gty of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® Noe If es,name the official or employee,and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ.The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Accounting/TaxReturn Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0Q, Engineer/Surveyor/Agent Q Legal Services PROPERTY OWNER CERTIFICATION READ,I certify that all Information contained in this Form is complete,true, nd accurate.I understand that, upon receipt of notification that the application has been scheduled for rji lic hearing, !am responsible for updating the information provided herein three eAs prior to the fne ting of Planning Commission, City Council, VBDA,CBPA, etlands Board or any It body or comwittee In connection with this application. Property Owner Name(Print) P p Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 Craig Dean &April Dean Agenda Item 7 page 12 of 13 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Craig Dean &April Dean Agenda Item 7 page 13 of 13 STIR VICINITY MAP CRAIG AND APRIL DEAN Ak - , , l �r l - -ex ' . a Short Term Rentals O STR Permits(162) Virginia Beach Planning Commission March 13, 2025 Public Meeting Item #7 CRAIG & APRIL DEAN Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: By a recorded vote of 11 to 0 with item #6, Ascent Building, LLC has been recommended for a 30-day deferral. Our next item is item#7, Craig&April Dean. Ms. Cuellar: Thank you for being with us here today. Could you please state your name for the record? Ms. Dean: I'm April Dean. Mr.Dean: I'm Craig Dean, 1874 General Booth Boulevard. Ms. Cuellar: If you could tell us a little bit about your application. Mr.Dean: Yeah,we've had these apartments down there for 25 years or so now. Ten years ago, I started doing Airbnb before this was all required,and then there was this and that. So we stopped and we just run it out. But I'd like to, I'm getting ready to retire, so I just would like to do this for, you know,for some work to do,and that's about it. Ms. Dean: One of the properties is right next to a hotel. So there's, you know, lots of traffic and touristy type people anyway, right there, and the other one is also near a hotel and near the Vibe District. Ms.Cuellar: Okay. Thank you very much. I think our commissioners may have just had one or two questions for you today. So if you just remain standing. Mr.Plumlee: Commissioner Alcaraz and I have districts where these are permitted by conditional use permit. I regularly get letters, complaints about noise activities at the short-term rental that appear to be inappropriate, and a negative secondary effect with regards to residents in the area, people living there. Have you gotten to know the people down there that live and reside in that area? Mr. Dean: Very much so. I know everybody on the block. Mr. Plumlee: You do? Ms. Dean: Absolutely. There's a mix of businesses and homes right where our places are. Mr. Plumlee: I know you said you had done the Airbnb. Mr. Dean: Yeah, we started when just Airbnb came out and there was no requirements or anything,but we've never had any problems with that because it's in our rules that we have that is posted on Airbnb. I meet everybody personally when they come down there, when they come to the property,and we've never had any loud parties or noise or anything like that because I tell them right up, no smoking, you know, none of that. They're there to go to the beach pretty much, and I've never had a problem. Mr. Plumlee: Yeah. Are there, is there anyone living around this area who you know to have any kind of disability or difficulty getting around that would be exposed to anything that would be of noise and unable to get away from it, able to deal with it, anything of that nature? Mr.Dean: Nothing like that. No, sir. Mr.Plumlee: Okay. Thank you. Ms. Cuellar: Are there any other questions for the applicant? If there's any further discussion, I'll entertain a motion. Mr. Plumlee: I'll move to approve. Ms. Cuellar: Is there a second? Ms.Hippen: Second. Ms. Cuellar: A motion to approve by Commissioner Plumlee, seconded by Commissioner Hippin. Any further discussion? Mr. Camp: Madam Chair, I cast a voice vote in favor of the motion. Ms. Cuellar: Thank you very much commissioner. Madam Clerk: By recorded vote of 11 to 0. Item#7,Craig&April Dean has been recommended for approval. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 404 21s'Street Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. O�R teat st o 2�st _-_ tOR reat o teat c� OR o OR o N ® site Craig & April Dean W E Property Polygons 2003 Mediterranean Avenue, S Zoning Units A, 131 , & 132 Building Feet 0 1530 60 90 120 150 180 1 c,Nu rS* �4G 4� •y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAIG AND APRIL DEAN [Applicants] STEVEN SIKSAY [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2003 Mediterranean Avenue, Units A, B1, and B2 (GPIN 24179778000000). COUNCIL DISTRICT 6 (Remick) MEETING DATE: April 15, 2025 ■ Background: The applicant is requesting three Conditional Use Permits for Short Term Rentals within an existing quadplex located on an approximately 6,400-square-foot parcel. The Short Term Rentals are proposed for one four-bedroom unit, one three- bedroom unit, and one-bedroom unit. A Notice of Violation was issued for this property on May 23, 2023, for operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. While the Notice of Violation did result in the issuance of a summons, the case was ultimately dismissed after the advertisement was removed and the Short Term Rental activity ceased, bringing the unit into compliance. The site is not currently advertised and the last known documented stays took place on September 11, 2023. ■ Considerations: A total of 8 parking spaces are required for the proposed Short Term Rentals. There is a three-car driveway and an eight-car parking pad for a total of 11 on-site parking spaces. All requirements of Section 241 .2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received about the request, noting concerns about the number of Short Term Rentals in the area as well as impacts to parking and property values. There was one speaker in support of the application at the Planning Commission hearing. ■ Recommendation: On March 13, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Craig and April Dean Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 2003 Mediterranean Avenue, Unit A, B1, and B2, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Craig and April Dean Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property Craig and April Dean Page 4 of 4 annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department a' ;1 ; City Manager: AV PropertyApplicant: Craig Dean and April Dean Owner: Planning Commission ' • 2025 VB� CouncilCity 1 • Project Details Request Conditional Use Permit (Short Term Rental) 5� a 25TH St ZATHHAI.F 'Zoo Staff Recommendation SegNDs<a Y. g 2etH zost Approval z3o";"f-9s < � 3051 Y Y 73Ro 3T c 21 ND H22NO SS .. � 7 �.. Staff Planner N 1 St Hp-F SY II Alexis Bailey .._z,5�5T T m ZfA v !^ ZpTH HP�F 5 c A Pp 2, m 464 w yz y 19TH 5 Location m 2003 Mediterranean Avenue, Unit A, B1, & B2 m m GP/N „TH si '.1BtH SZ ,YtH HALF SS z 24179778000000 - w� N V,R Site Size 'bill SY m 6,402 square feet N ,SSH m 5l 5T A/CUZ m 151H SS AptN 65-70 dB DNL; Sub-Area 1 Watershed k m b wpmChesapeake Bay k -. t 1# K� .* Existing Land Use and Zoning District Four-plex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 4- 20th% Street Single-family dwelling/OR Oceanfront Resort `Ww �- South � z 20th Street �i Single-family dwelling/OR Oceanfront Resort East Single-family Dwelling/OR Oceanfront Resort West Mediterranean Avenue Single-family dwelling/OR Oceanfront Resort Craig Dean and April Dean Agenda Items 8, 9, 10 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for three Short Term Rentals at 2003 Mediterranean Avenue Unit A, B1, and B2.The 6,402 square foot parcels contain a four-plex and is zoned Oceanfront Resort District. • According to City records, these three-bedroom, four-bedroom, and one-bedroom units were constructed in 1953. • Staff inspected the site on January 29, 2025 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • A Notice of Violation was issued on May 23, 2023, for operation of a Short Term Rental without an approved Conditional Use Permit or Short Term Rental Zoning Permit. While a summons was issues on May 23, 2023, and a second issued on September 11, 2023, the case was ultimately dismissed after the advertisement was removed and the Short Term Rental activity ceased, bringing the unit into compliance. • Since this property was not registered or paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and requires a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 17, 2025: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 11, 2023 No Craig Dean and April Dean Agenda Items 8, 9, 10 page 2of14 Short Term Rentals in the Vicinity Short Term Rentals j ® STR Permits(146) Summary of • • . The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Short Term Rental Details Unit A Unit 61 Unit B2 Number of bedrooms: 3 4 1 Maximum number of guests permitted after 6 8 2 11:00 P.M. Number of parking spaces required (1 space per 3 4 1 bedroom) Number of parking spaces 3 4 1 provided on site Craig Dean and April Dean Agenda Items 8, 9, 10 page 3 of 14 Zoning • # Request 1 CUP (Short Term Rental) Approved 07/12/2022 1 3 'FOR 4 2 ALT Approved 06/19/2018 O,R__- 2�N"0`F� 3 ALT Approved 06/07/2016 1 4 ALT Approved 09/16/2014 bR 2 5 NON Approved 04/27/1993 OR1 r� m 1•�St O,R OR Application Types CUP:Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON:Nonconforming Use LUP: Land Use Plan CRZ.Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC. Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation - • • • The applicant is requesting to operate a four-bedroom, a three-bedroom, and a one-bedroom Short Term Rental within an existing four-plex. The four-bedroom is required to have four off-street parking spaces, the three-bedroom is required to have three off-street parking spaces, and the one-bedroom is required to have one off-street parking space for a total of eight required parking spaces.The site has eleven parking spaces exceeding the required number of parking spaces for these Short Term Rentals. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met and that the use of the property at this location for Short Term Rentals is appropriate. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s) will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Craig Dean and April Dean Agenda Items 8, 9, 10 page 4 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2003 Mediterranean Avenue, Unit A, 61, and B2, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Craig Dean and April Dean Agenda Items 8, 9, 10 page 5 of 14 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. Craig Dean and April Dean Agenda Items 8, 9, 10 page 6 of 14 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns about the amount of Short Term Rentals in the area, parking, and impact to property values. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 11, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 26, 2025 and March 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on March 6, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, April 1, 2025 and April 8, 2025. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 31, 2025. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 11, 2025. Craig Dean and April Dean Agenda Items 8, 9, 10 page 7 of 14 LayoutSite • Parking Plan 1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIT E REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAIC PROPERTY AS SHOWN. 2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE X AS SHOWN ON PANEL 01260 OF THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF VIRGNIA BEACH,M.WNIA, COMMUNITY Na:515531,DATED JANUARY 10,2015.FLOOD ZONE INFORMATION SHOWN HEREON IS NOT GUARANTEED AND WAS APPROXIMATELY SCALED FROM THE FLOOD INSURANCE RATE MAPS FOR THE CITY/COUNTY INDICATED.MSA,P.C. IS NOT A PARTY IN DETERMINING THE REpUREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN.FOR FURTHER INFORMATION AND TO CONFIRM THE FLOOD ZONE FOR THIS PROPERTY,CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL.FLOOD ZONE DETERMINATION IS BASED ON THE FLOOD INSURANCE RATE MAPS AND DOES NOT IMPLY THAT THIS PROPERTY WILL OR WALL NOT BE FREE FROM FLOODING OR DAMAGE 3, THIS SURVEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS,ENVIRONMENTAL HAZARCS,CEMETERIES OR ANY UNDERGROUND STRUCTURE NOT OBSERVED DURING THE COURSE OF THE SURVEY. 201W 1/2 STREEr(20'RIX) ti (FA'A. 20'ALLEYf XPP .UNABLE 70-TT ifCOR(MB 18q PC 6) p N82'45 00'EA80Y£CROt/NO F/BER LP1X41 -- — 49.25' KK53 0..22 011E 074 �8.171 5'Mf W FENCE AC ® 1078 a 26.4J' 64 AC I tv e j570RY S � iL� I _ 4.22 1,7.98' WN11 10~ 000-T C) L � . ;J81412 2.12' d54 ST15'00'E I 130.00' I lI, S3 .w o I N7`<IS W c� , 'P41&/0 ! P /NAG£ I ' 5"IfZ7G}?FENCE EASEMENT I 8.15 (MB 180, PC 6) } STEPHEN S. SIKSAY OF 01TCf!-1 I ;I -11.63 � (INST. NO. 2005OM90036427) i`�I LOT A I (TAB 180, PG 6) ( I GPIN:2417-97-7800 TOP OF BANK .F 2003 MEDITERRANEAN S82'45'00"W AVENUE ` I a 49.25' AREA = 6,402 SF I I �51 SCO OR 0.147 AC ory rl 4'NWOOO I t s FENCE - W z 4'00W TNCE 207H STREET(80'RIV) TLIIC IC TA PCDTCV TJAT MI 11_11I_INMJI WC C11D1A:VCI1 TLC DDADCDTV CWf%U&I 0' 20' Craig Dean and April Dean Agenda Items 8, 9, 10 page 8 of 14 Sille Photos vw� i 4 r r. 4 ' f 'All y " h v f p `i Site Photos p Au MOM y �^ _ i Y y -r tir a. 4 y y , . ............. Disclosure DisclosureVIRGINIA V BEACH Statement The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia low.Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: ' as listed on application Is Applicant also the Owner of the subject property? Yes©Nom If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes()No® If yes,name Representative: -------------------- Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0 NoJ3 If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Aa4 Does the subject property have a proposed or pending purchaser? Yes(/ No If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the aty of Virginia Beach have an interest In he subject land or any proposed development contingent on the subject public action? Yes©Noo If yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property.The name of the entity and/or individual providing such services must be Identified.(Attach list If necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing(mortgage,deeds of trust, O cross-collateralization,etc.) _ Real Estate Broker/Agent/Realtor Disclosure Statement i rev. May-2024 page 1 of 3 Craig Dean and April Dean Agenda Items 8, 9, 10 page 11 of 14 Disclosure SECTION 1: APPLICANT DISCLOSUREcontinued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accountin axRetum Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent © E) Legal Services 0 Q APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,l am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public bydy or comn connection with this application. '77� Applicant Name rint) A;tMak Signature Date I"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. Z Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(M)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there ore common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflirt of interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): _ 3/25/2025 Alexis Bailey__-____ �1c 3/31/2025 _ Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Craig Dean and April Dean Agenda Items 8, 9, 10 page 12 of 14 Disclosure SECTION - • - OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YesoNo6a If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary or affiliated business entityZ relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pendin rchaser? Y so No If yes,name proposed or pending purchaser: ------� -- KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of wrginia Beach have an interest in the ubject land or any proposed development contingent on the subject public action? Yes() Noo If-yes,name the official or employee,and describe the nature of their interest. —J PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided In connection to the subject application or any business operating or to be operated on the property.The name of the entity or individual providing such services must be identified.(Attach list if necessary) SERVICE YES I NO SERVICE PROVIDER Name entity and/or individuo! Financing(mortgage,deeds of trust, cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © i Accounting/TaxRetum Preparation Architect/Designer/Landscape © � Architect/Land Planner Construction Contractor 0 J0 Engineer/Surveyor/Agent Legal services PROPERTY OWNER CERTIFICATION READ:i certify that oil information contained in this Form Is complete,true,and accurate.i understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA, Wetlands Board or any public bod con 'ttee ih'onne Avith this application. J Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Craig Dean and April Dean Agenda Items 8, 9, 10 page 13 of 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Craig Dean and April Dean Agenda Items 8, 9, 10 page 14 of 14 STIR VICINITY MAP CRAIG AND APRIL DEAN -- - � 1 4 i j 1 t 5 7 �1 f 1. Short Term Rentals -;' 0 STR Permits(146) Virginia Beach Planning Commission March 13, 2025 Public Meeting Items #8, 9, & 10 CRAIG & APRIL DEAN Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our next item is items 8 through 10, Craig&April Dean. Mr.Plumlee: Everything you said about the last,you reassert about these three? Is that fair? Mr. Dean: They're within a 150 feet. Mr. Plumlee: Understood. It's all the same information we've just shared, correct? Mr. Dean: Yes, sir. Mr.Plumlee: Thank you. Ms. Cuellar: Any further questions for the applicant? At this time, I'll entertain a motion. Madam Clerk: We have one speaker for items 8 through 10. Ms. Cuellar: Pardon me. I wasn't aware. Madam Clerk: Mark Stevens. Ms. Cuellar: Thank you Mr. Stevens for being here. Mr. Stevens: Thank you for all you do and serving on this because I know it's not easy because I serve on a couple other commissions,and some of y'all know me,but I did want to come speak on their behalf because I do have issues with short-term rentals in my neighborhood. Ms. Cuellar: Okay. If you could just pause and state your name for the record? Mr. Stevens: Mark Stevens. I live directly behind one of Craig Dean's properties, and I wanted to come and support him. There are some that don't do the right things. This is one person that does, I can call him 24/7, if there was an issue with his property, and he's gonna answer it. He's retired Naval Seal, so he never has any issues with his clients. He knows how to handle them,but he does a good job and he has affordable short-term rentals,which we don't have a lot of. So that's why I wanted to support what he does. Ms. Cuellar: Thank you so much for being here. That means a lot to us. Mr.Alcaraz: Mr. Stevens, I think there's a bike rack that might be available for 17t' Street. Mr.Stevens: I thought the same thing somewhere where maybe within the vibe we could use that bike rack. Mr. Plumlee: I'm move to approve. Mr. Parks: Second. Mr. Camp: Madam Chair, I cast the voice vote in favor of the motion. Ms. Cuellar: Thank you very much. Madam Clerk: By a recorded vote of I 1 to 0 items 8 through 10, Craig& April Dean have been recommended for approval. Ms. Cuellar: Thank you very much. We appreciate it. Thank you so much. Mr. Plumlee: Appreciate you answering those questions. Thank you very much. Ms. Cuellar: Okay. That's it. That concludes our meeting today. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 2003 Mediterranean Avenue, Unit A, B1, and 132, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. February 21 , 2025 To: City of Virginia Beach Planning Commission Subject: Short Term Rental CUP at 2003 Mediterranean Avenue My name is Sarah Welch and I reside at 522 20 1/2 Street 2 houses down and across the street from the proposed short-term rental at 2003 Mediterranean Avenue. I stand in opposition of this multifamily Short-Term Rental (STR) conditional use permit (CUP) request being proposed at your March 13, 2025 meeting. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21 st St. & 525 201" St.) or un-permitted (524 20 '/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20t", 20 '/2, south side of 21 st streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had a STR at 516 20 '/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on Saturday move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking for this proposed STR. In this multifamily situation it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. I moved to Virginia Beach and into my home in May 2019. 1 purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation between Mediterranean and Baltic Avenues. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. As you know in the City of Virginia Beach, it is the address that is approved for the CUP. As homes are sold, the CUP stays with the address. We have had a current situation (518 21 st Street) where the house was sold and the new home owners lived in the house just over a year. In April 2024, they have converted the house into a STR and moved to Texas. They are property managing this address from Texas. I have researched and found that the City of Norfolk STR regulations show that their STR CUP is only valid for 2 years. This multifamily address on Mediterranean Avenue at the end of our 20 1/2 street, increases the density of Investor Real estate on our residential block to an unnecessarily high level of STRs. Our street has been active and blocked 3 other addresses (523, 505 and 507 20 1/2 Street) from obtaining requested STR permits. I am requesting that you consider not allowing this new address to become a multifamily short-term rental. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this planning commission consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I believe you should reconsider the density of STRs west of Baltic Avenue. I have discussed this topic in detail with Councilman Worth Remick. After reviewing the City of Norfolk's STR regulations, I believe that the City of Virginia Beach could sure-up their STR regulations and provide home owners, who make their home their primary residence more assurance that their properties will be protected. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. For your convenience I have attached a street map 2'S'TS 2013 504 r 2011 2008 42 516-B 508 2009 M8 2007 526 524 522 512 2006 530 519-CM 516•A .1<<'? t-,' S0E•B 522-CM 1 432 522 518 2005 524 ,r-O`;.` 2004 429CM 2005 507-CM P.s.!.", ;. 2003 507 505 2P328ALkAVE -- ' 2001 315 509 2002 523 S19 505 523-CM 517 513 ; 507 rt. 2003-81 521 x 525 523 b= % 2ow 20TH Sr,, � 't SOd 5" 50R if06 � i 519 20TH STi . C 516-A % 516-8 514 512 `� R 518 51&CM 516CM1 _ 4 ? 600 1907 516-D 516-C 5",A i6 1900BAuncAVE !'t 509-A 1905 --"of Virginia Beach,VITA,Esri.HERE,Garmin,INCREMENT P,US Sarah R. Welch 522 20 '/2 St. Virginia Beach, VA 23451 srwelch64@ icloud.com 704.609.1590 a� �•6 fJl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO YARDS MEETING DATE: April 15, 2025 ■ Background: The purpose of this amendment is to update the Zoning Ordinance to align with the Zoning Division's current policies regarding fence permits. Under the existing Ordinance, permits are required for all fences and walls, and for repairs, replacements, and/or reconstruction of fences and walls that involve more than fifty percent (50%) of the existing fence or wall, measured in linear feet. construction and repairs. In July 2023, the Zoning Administrator introduced a policy exempting certain fences from permit requirements to include: • Fences located in a residential zoning district • Fences that are accessory to a single-family residence • Fences on an interior lot • Fences no closer than 30 feet from the right-of-way (ROW) • Fences no taller than four feet in the front yard and eight feet in any other yard. The new amendment removes the old language and clarifies that permits are only required for fences within 30 feet of a public right-of-way. It also codifies a $50 fee for the fence permit in the Zoning Ordinance, consistent with the current fee specified in Section 8.31-1 of the City Code. The proposed amendment will also require that the finished side of the fence must face the right-of-way ■ Considerations: This amendment will make the Zoning Ordinance consistent with the current policies and practices of the Zoning Division for issuing fence permits. The staff recommends approval of this Ordinance, and the Planning Commission has concurred with the recommendation. Staff is unaware of any opposition to the proposed amendment Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. City of Virginia Beach Page 2 of 2 ■ Recommendation: On March 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1 Submitting Department/Agency: Planning Department Ct�-If City Manager'O.J. 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO YARDS 4 5 Section Amended: § 201 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 201 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 Sec. 201. Yards. 17 18 . . . . 19 20 (e) Requirements for fences and walls. Except as may be provided by the regulations 21 of the Oceanfront Resort District Form-Based Code, the following requirements 22 shall apply to fences and walls: 23 24 . . . . 25 26 (8) A zening permit shall be required for the G0RE;tFUGtiGR of all fenres and walls 27 28 o 29 "Rear feet. A permit is not required fer: hedges or rews ef shrubbeFy; er an 30 31 32 33 34 fGF SUGh permit. A fen-e shall be valid fer 180 days frern the date-Gf 35 issuanGe. A permit shall be required for the construction reconstruction 36 replacement or relocation of any fence or wall located within thirty (30) feet of a 37 public right-of-way, except fences or walls used principally for agricultural or 38 horticultural purposes in an AG Agricultural Zoning District Such fencing shall 39 have the finished side of the fence facing the right of way. Any such fence or 40 wall located upon more than one (1) lot shall require a separate permit for each 41 such lot, except lots under common ownership. 42 43 (8a)The fee for permits required by this section shall be fifty dollars ($50 00) 44 45 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ) 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: aeznz- -- j, '71 x Planning Department C�iyy Attorneys OYfice CA16817 R-1 February 18, 2025 Agenda ' • • of BeachPlanning • • • 2025 ■ OrdinanceFence Permit An ordinance to amend Section 201 of the City Zoning Ordinance pertaining to yards. RequestSummary of This text amendment updates the zoning ordinance to reflect the policies of the Zoning Division regarding permit requirements for fences. Section 201(e) of the ordinance regulates the location, material, and permitting requirement for fences. Currently the ordinance requires a permit be issued for the construction and repair of all fences or walls. In July 2023, the Zoning Administrator implemented a policy where fences meeting the following criteria would not require a permit. - Fences located in a residential zoning district - Fences that are accessory to a single-family residence - Fences on an interior lot - Fences no closer than 30 feet from the right-of-way (ROW) - Fences no taller than four feet in the front yard and eight feet in any other yard Fences and walls that did not meet these criteria still require a permit.This proposed amendment removes the existing language regarding the permit requirements. Language is added that specifies that a permit is only required for fences located within thirty (30) feet of a public right-of-way. Additionally, the amendment will codify a fifty ($50.00) dollar fee for a fence permit in the Zoning Ordinance. The fifty ($50) dollar fee is the same fee that the zoning office is currently charging, as specified in Section 8.31-1 of the City Code.The proposed text amendment will also require that the finished side of the fence must face the right-of-way. Recommendation Staff recommends approval of this ordinance.This amendment will make the zoning ordinance consistent with the current policies and practices of the Zoning Division for issuing fence permits. City of Virginia Beach Agenda Item 1 page 1 of 3 Virginia Beach Planning Commission March 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #1 & 2 CITY OF VIRGINIA BEACH Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. The next order of business is the consent agenda, and I'm going to turn that over to Vice Chair Coston to run that portion of the meeting. Mr.Coston: Thank you,Madam Chair. Today we have four items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speakers signed up in opposition. Our first item is item#1,an ordinance to amend Section 201 of the City Zoning Ordinance. Mr. Kemp: Thank you Chair, Vice-Chair, and members of the Commission. This first item is a text amendment,which deals with Section 201(e)of the Zoning Ordinance as it pertains to fences. What this amendment does is two things. One, it makes the policies currently followed by the zoning office, and the City Zoning Ordinance consistent. Currently, we require permits for all fences and any repairs over 50%. What this ordinance would do, would only require permits for fences within 30 feet of the right of way. The second thing this ordinance does is it requires that the good side of the fence face the right of way. I'll stand by for any questions. Mr.Coston: Seeing no questions. Is there any opposition to this item being placed on the consent agenda? Seeing none. We've asked Mr. Kemp to read this into the record. Mr.Kemp: Thank you, commission. The second item is an amendment to Section 8.31.1 of the City Code. This is currently where the permit and fee requirements for fences lives. What this amendment would do, would remove that code section and move it to section 201 of the Zoning Ordinance. The permit requirements would stay the same, 30 feet from the right of way. The fee would remain $50. However, in this case, all the requirements and ordinances for fences would be in one place in the zoning ordinance with the division that enforces fences. Thank you. Mr.Coston: The Planning Commission places the following applications on the consent agenda, Items#1,2, 3, and 5. Ms. Cuellar: Thank you. Do I have a motion to approve the consent agenda as read by the vice- chair? Mr. Coston: I move that they be approved. Ms. Cuellar: Is there a second? Ms. Byler: I second that. Ms. Cuellar: Motion by Commissioner Coston, seconded by Commissioner Byler. Is there any commissioners abstaining on these items on the consent agenda? Mr.Plumlee: I'm abstaining from Item#5 for the reason set forth in a letter with the city attorney. Ms. Cuellar: Is there any other discussion on the consent agenda? Mr. Camp: Madam Chair, I cast a voice vote in favor of the consent agenda. Ms. Cuellar: Thank you very much, Commissioner Camp. Madam Clerk: By a recorded vote of 11 to 0 with one abstention on item#5 by Commissioner Plumlee, let me rephrase that. By recorded vote of 11 to 0 with one abstention on item #5 from Commissioner Plumlee, Items#1, 2, 3, and 5 have been recommended for approval by consent. Mr. Alcaraz: Sorry, Madam Chair, can I get the explanation on 11 to 0? I'm not following the numbers. Sorry. Ms. Cuellar: Commissioner Plumlee is only abstaining from#5. So that's what I heard from the clerk that she accounted for both votes. Well, for all the votes. Mr. Alcaraz: Thank you. Ms. Cuellar: You're welcome. If you have an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda. Thank you for your participation. You may remain at the meeting or you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X 1 .wen CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO DELETE CITY CODE SECTION 8-31.1 PERTAINING TO FENCES AND WALLS. MEETING DATE: April 15, 2025 ■ Background: Currently, Section 8-31 .1 of the City Code indicates that a permit is required for the construction, reconstruction, replacement, or relocation of any fence or wall within thirty (30) feet of a public right-of-way. It also sets a permit fee of fifty dollars ($50.00). The proposed amendment will remove Section 8-31 .1 from the City Code, with its requirements being transferred to Section 201(e) of the Zoning Ordinance. ■ Considerations: This amendment will consolidate all requirements for fences and walls into Section 201(e) of the Zoning Ordinance, which staff & the Planning Commission believes is appropriate as the Zoning Division is responsible for issuing fence permits and enforcement. Staff is unaware of any opposition to the proposed amendment. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On March 13, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ' City Manager/� 1 AN ORDINANCE TO DELETE CITY CODE SECTION 8-31.1 2 PERTAINING TO FENCES AND WALLS 3 4 Section Deleted: 8-31.1 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA, THAT: 8 9 Section 8-31.1 of the City Code is hereby deleted and reordained to read as 10 follows: 11 12 . 13 14 15 FeI0GatiE)R of aRy feRGe GF Wall 19Gated withiR thirty (30) feet ef a pUbliG Fight Of-way, 16 17 18 19 ewfle rsh i p. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: ( )f-17�'j Y�)�&�� ' Attorneys Office CA16817 R-1 February 14, 2025 Agenda A•• of Planning Commission ' • 2025 V-B- Fence Permit Ordinance Amendment An ordinance to delete City Code Section 8-31.1 Pertaining to fences and walls. of • Currently,Section 8-31.1 of the City Code requires that a permit must be obtained for any fence or wall that is constructed, reconstructed, replaced, or relocated within thirty(30)feet of a public right-of-way.This section also establishes a permit fee of fifty($50.00) dollars. This proposed amendment would remove Section 8-31.1 from the City Code.The requirements currently established in Section 8-31.1 will be moved to Section 201(e) of the Zoning Ordinance. The text amendment adding this language to Section 201(e) of the Zoning Ordinance is included on this agenda. Recommendation Staff recommends approval of this Ordinance.This amendment will consolidate all requirements for fences and walls into Section 201(e) of the Zoning Ordinance, which staff feels is appropriate as the Zoning Division is responsible for issuing fence permits and enforcing the regulations. City of Virginia Beach Agenda Item 2 page 1 of 2 W1: Virginia Beach Planning Commission March 13, 2025 City Council Chambers Formal Hearing, 12:00 p.m. Public Meeting Items #1 & 2 CITY OF VIRGINIA BEACH Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. The next order of business is the consent agenda, and I'm going to turn that over to Vice Chair Coston to run that portion of the meeting. Mr.Coston: Thank you,Madam Chair. Today we have four items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speakers signed up in opposition. Our first item is item#1,an ordinance to amend Section 201 of the City Zoning Ordinance. Mr. Kemp: Thank you Chair, Vice-Chair, and members of the Commission. This first item is a text amendment,which deals with Section 201(e)of the Zoning Ordinance as it pertains to fences. What this amendment does is two things. One, it makes the policies currently followed by the zoning office, and the City Zoning Ordinance consistent. Currently, we require permits for all fences and any repairs over 50%. What this ordinance would do, would only require permits for fences within 30 feet of the right of way. The second thing this ordinance does is it requires that the good side of the fence face the right of way. I'll stand by for any questions. Mr.Coston: Seeing no questions. Is there any opposition to this item being placed on the consent agenda? Seeing none. We've asked Mr. Kemp to read this into the record. Mr.Kemp: Thank you, commission. The second item is an amendment to Section 8.31.1 of the City Code. This is currently where the permit and fee requirements for fences lives. What this amendment would do, would remove that code section and move it to section 201 of the Zoning Ordinance. The permit requirements would stay the same, 30 feet from the right of way. The fee would remain $50. However, in this case, all the requirements and ordinances for fences would be in one place in the zoning ordinance with the division that enforces fences. Thank you. Mr. Coston: The Planning Commission places the following applications on the consent agenda, Items#1,2, 3, and 5. Ms. Cuellar: Thank you. Do 1 have a motion to approve the consent agenda as read by the vice- chair? Mr. Coston: I move that they be approved. Ms. Cuellar: Is there a second? Ms.Byler: I second that. Ms. Cuellar: Motion by Commissioner Coston, seconded by Commissioner Byler. Is there any commissioners abstaining on these items on the consent agenda? Mr.Plumlee: I'm abstaining from Item#5 for the reason set forth in a letter with the city attorney. Ms. Cuellar: Is there any other discussion on the consent agenda? Mr. Camp: Madam Chair, I cast a voice vote in favor of the consent agenda. Ms. Cuellar: Thank you very much, Commissioner Camp. Madam Clerk: By a recorded vote of 11 to 0 with one abstention on item#5 by Commissioner Plumlee, let me rephrase that. By recorded vote of 11 to 0 with one abstention on item #5 from Commissioner Plumlee, Items#l, 2, 3, and 5 have been recommended for approval by consent. Mr. Alearaz: Sorry, Madam Chair, can I get the explanation on 11 to 0? I'm not following the numbers. Sorry. Ms. Cuellar: Commissioner Plumlee is only abstaining from#5. So that's what I heard from the clerk that she accounted for both votes. Well, for all the votes. Mr. Alearaz: Thank you. Ms. Cuellar: You're welcome. If you have an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda. Thank you for your participation. You may remain at the meeting or you're free to leave. Vote Tall Commission Member AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz X Anderson X B ler X Camp X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X N. APPOINTMENTS • AUDIT COMMITTEE • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF BUILDING CODE APPEALS • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • HEALTH SERVICES ADVISORY BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMISSION • PROCESS IMPROVEMENT STEERING COMMITTEE • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH TOWING ADVISORY BOARD • WETLANDS BOARD P. NEW BUSINESS Q. ADJOURNMENT J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:04/01/2025 PAGE: 1 R U T N H C L M H C - R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D L N N 1. CITY COUNCIL'S BRIEFINGS A. CENTRAL BEACH SMALL AREA PLAN Emily Archer,Deputy UPDATE Director—Economic Development Clay Dills,Owner— Dill's Architects B. REFERENDUM OPTION FOR 10:1 ELECTION Christopher Boynton, SYSTEM Deputy City Attorney 11. CITY MANAGER'S BRIEFINGS A. FY 2025-26 RESOURCE MANAGEMENT PLAN(BUDGET) 1.COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth's Attorney 2.CLERK OF THE CIRCUIT COURT Tina Sinnen,Circuit Court Clerk 3.VIRGINIA BEACH CITY PUBLIC Crystal Pate,Chief SCHOOLS OPERATING&CIP Financial Officer 4.SHERIFF'S OFFICE Sheriff Rocky Holcomb 5.EMERGENCY MEDICAL SERVICES Chief Jason Stroud (EMS) RESCHEDULED 6.FIRE DEPARTMENT Chief Kenneth Pravetz RESCHEDULED 7.POLICE DEPARTMENT Chief Paul Neudigate RESCHEDULED 8.EMERGENCY COMMUNICATION AND Jada Lee,Director CITIZEN SERVICES RESCHEDULED 9.EMERGENCY MANAGEMENT David Topczynski, Director RESCHEDULED III.- CERTIFICATION OF CLOSED SESSION CERTIFIED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y VI. A-F G_ MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. FORMAL SESSION March 11,2025 2• INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y March 18,2025 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:04/01/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K D E H_j N FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y 3. March 25,2025 B S A I N E U li. NIAYOR'SPRESENTATIONS I. PROCLAMATION—Autism Awareness Month The Eliza Hope Foundation and Therapy Center Aimee Darby,Founder,President(and Eliza's mom),and the Eliza Hope Team 2. PROCLAMATION—City of Virginia Beach Saves Week and America Saves Week Alice F.Testerman,Volunteer Services and Community Programs Coordinator Audrey D.Edwards,Regional Coordinator- Bank On Hampton Roads 3. RESOLUTION—Presidential Inauguration Deployment Police Department Sheriff s Office Department of Emergency Management 4. RESOLUTION—Frank W.Cox High School Wrestling Team Head Coach Dalton Head I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—VIRGINIA 0 SPEAKERS MUSEUM OF CONTEMPORARY ART ("MOCA") 2200 Parks Avenue 2. ACQUISITION OF AGRICULTURAL LAND 0 SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreements for 36.17+/- acres located in the 200 block of Princess Anne Road and 53.34+/-acres located in the 300 block of Princess Anne Road K.1. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY I I-0 Y l' Y Y Y Y Y Y Y Y Y EXECUTE a Franchise Agreement with CONSENT Cavalier Associates,LLC re beach operations on the sandy beach east of the resort hotels at 4101 and 4201 Atlantic Avenue K.2. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE a Franchise Agreement with CONSENT Venture Waves,LLC for the use of portions of 1801 Street,20'"Street and Arctic Avenue adjacent to Atlantic Park re valet services J CITY OF VIRGINL9 BEACH A R SUMMARY OF COUNCIL ACTIONS C () K S B H S S E C U 0 S DATE:04/01/2025 PAGE: 3 R U T N II C L M H C R A Il W U M E H G E M R U I C I D N E R M M 0 L L C N Y L S E 1 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K 1) E N N K.3. Ordinance to GRANT fourteen(14)Franchise ADOPTED,BY I1-0 Y Y Y Y Y Y Y Y Y Y Y Agreements for outdoor caf6s in the resort area CONSENT a. Basil,LLC,t/a Basil Pizza re sidewalk caf6 b. Kiraly,LLC,t/a 2D Caf6 and Eatery re sidewalk caf6 C. Seha,Inc.,t/a Red Dragon re sidewalk caf6 d. EEE LLC,t/a La Dulce Vida re sidewalk caf6 e. Las Palmas Boardwalk Corporation, t/a Las Palmas re boardwalk caf6 f Kamales,Inc.,t/a 9t°Street Grill Cafe re sidewalk caf6 g. SEDA,Inc.,t/a 211 Street Grill re sidewalk caf6 h. Kouri,LLC,t/a Caf6 Atlantic re sidewalk caf6 i. Virginia George Co,Inc.,t/a Dough Boy's Caf6 re sidewalk cafe j. Planet Pizza,Inc.,t/a Planet Pizza re sidewalk caf6 k. VB's Raw Bar,Inc.,t/a Seaside Raw Bar Caf6 re sidewalk caf6 1. 11'Street Tap House,LLC,t/a Chicos re boardwalk caf6 m. Dunes Investment Associates,LLC, t/a The Dunes Caf6 re boardwalk caf6 n. Crestline Hotels&Resorts,LLC,t/a Marriott Courtyard re boardwalk cafe KA. Ordinance to ADOPT the Attainable ADOPTED,BY 1 l-0 Y Y Y Y Y Y Y Y Y Y 1' Workforce Housing Performance Grant CONSENT Program and to AUTHORIZE certain actions in furtherance thereof K.5. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y conditions in the matter of Virginia Beach AVA CONSENT RE,LLC re closure of a portion of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard K.6. Ordinance to ESTABLISH Capital ADOPTED,BY 11-u Y Y Y Y Y Y Y Y Y Y Y Improvement Project#100701,"Princess Anne CONSENT Road Water Transmission Main";to ACCEPT and APPROPRIATE$299,786 from the Office of Local Defense Community Cooperations to FY 2024-25 Capital Improvement Program to Project#100701 and PROVIDE a local match of$33,310 from the Water and Sewer Enterprise Fund J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:04/01/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S I R I Y N N I K D E N N K.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1,857,318.20 from the Virginia Department of CONSENT Transportation(VDOT)to the FY 2024-25 Public Works Operating Budget re road maintenance and related equipment K.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1,000 from the Newport News Police CONSENT Department to the FY 2024-25 Emergency Communications and Citizen Services Operating Budget re donation to affected Emergency Communications and Citizen Services (ECCS)staff working the overnight shift from February 21to February 22 2025 K.9. Ordinance to TRANSFER$2,164,338 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Capital Project#100251"London Bridge CONSENT Commerce Center'to Capital Project#100262 "Lynnhaven Parkway Corridor Improvements" re allow the execution of a construction contract L. APPOINTMENTS RESCHEDULED B Y C O N S E N S 1; S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Edward Amorosso Unexpired Term thru 4/30/2027 DEVELOPMENT AUTHORITY Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Esmel Meeks Unexpired Term dim 8/31/2026 SOUTHEASTERN PUBLIC SERVICE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y AUTHORITY OF VIRGINIA Jerry Brown— Altemate City Employee No Term VIRGINIA BEACH CANNABIS ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y TASK FORCE Captain Michael R. Clark—Representing VBPD Unexpired Term thru 12/31/2025 +2 Year Term 1/l/2026—12/31/2027 3 oz � Uxoa ¢ z xoA�w w� W � -+UaE -- ¢ U��Oz ' c7rs: WWz x F U x W O z xwzaw� A � wx U O - Z 0 F O o�C a � a [rl a a 0 W Lti �r N �y A Q �W LEI